Employers' Liability to Their Servants at Common Law; And Under the Employers' Liability ACT, 1880, and the Workmen's Compensation ACT, 1906 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...must also bo members of the crew. Thus, whilst seaman and apprentice will include all engaged in any capacity except the master or pilot, yet the further question must be asked, are they also members of the crew? What meaning will be given to this term? All having signed articles will no doubt be included. Probably all about to sign articles, as well as those discharged after signing articles, if injured in the course of work done before or after, and as part of the work of the voyage to which the articles refer (7). (9) Sec similar cases discussed under heading "Seamen," supra. But would it apply to those temporarily engaged to supplement the work of the crew, or to those on board in the employ of others interested, other than the owner, e.g., of a charterer who engages someone to supervise the cargo. If so, might some seamen have rights against owners and some against charterers; or are owners only liable, or only those owners who are employers, or are the actual employers the ones alone to be liable? The answer to these qiiestions will undoubtedly depend on the way the cases come before the Courts. One set of facts may easily result in a hard and rigid interpretation being given to the words "members of the crew," perhaps limiting it to those alone who have signed articles, whilst another set of facts might pave the way for the words being almost entirely disregarded. Possibly as no two cases are ever identical, every tub may bo left to stand on its own bottom, and it may be held to be a question of fact to be determined in every case by the County Court judge or other arbitrator by whom the case may be first tried. Registered.--So also in extending the Act to master, seamen, &c., in addition to their having to be workmen within t...