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Sec. 39. The shares of employees' stock shall not be sold or transferred except to an employee of such corporation or to the corporation itself. A corporation which issues employees' stock may prescribe by its by-laws the number of shares which may be held by any one employee and the method of transfer and redemption of such stock as is held by any person after he ceases to be an employee of the corporation.
CHAPTER 111.- Accidents on railroads, etc.
Investigations. SECTION 17. The board [of railroad commissioners) shall investigate
the causes of any accident on a railroad or street railway which results in loss of life; and of other accidents which, in its judgment, require
investigation. Complaints. Sec. 18. An employee may make complaint in writing to the board
of a defect in the ways, works, machinery or appliances of a railroad
labor, etc. Employees, etc., SECTION 164. A person to whom a debt is due for labor performed of may sue owners. or for materials furnished and actually used in constructing a railroad
under a contract with a person, other than the owner of the railroad, who has authority from or is rightfully acting for such owner in furnishing such labor or materials shall have a right of action against such owner to recover such debt with costs, except as provided in the following four sections.
This provision is constitutional. It applies to a person performing labor under an agreement with a contractor whose contract is with the owner of the railroad.
121 Mass. 510. Subcontractors SEC. 165. No such person who has contracted to construct the whole excluded.
or a specified part of such railroad shall have such right of action. Statement to be SEC. 166. No such person shall have such right of action for labor filed.
performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due him and of the name of the person or persons for whom and by whose employment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due; but the claimant shall not recover as damages the larger amount than is named in said statement as due him, with interest thereon.
SEC. 167. No such person shall have such right of action for materials furnished, unless, before beginning to furnish them, he files in the office of the clerk of the city or town in which any of the materials were furnished a written notice of his intention to claim such right, in the manner provided for filing the statement named in the preced
ing section. Limitation. SEC. 168. No such action shall be maintained unless it is commenced
within sixty days after the plaintiff ceased to perform such labor or to furnish such materials.
CHAPTER 111.-Safety appliances on railroads. Blocking frogs, SECTION 183. The frogs, switches and guard rails, except guard rails
on bridges, which are in or connected with the railroad tracks operated or used by any railroad corporation shall be kept so blocked by some method approved by the board [of railroad commissioners) as to prevent employees from being caught therein. A railroad corporation which violates the provisions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each
offense. Bridge guards. Sec. 184. Every railroad corporation, at every bridge or other struc
ture, any portion of which crosses the railroad above the track, shall erect and maintain suitable bridge guards which shall be approved by the board and be erected and adjusted to its satisfaction. A corporation which neglects to comply with the provisions of this section shall forfeit fifty dollars for each month's neglect.
SEC. 201. A railroad corporation, in moving traffic between points Power brakes, in this Commonwealth, shall not use any locomotive which is not etc., on locomoequipped with a power driving wheel brake and appliances for operating the train brake system; nor run any train in such traffic unless a sufficient number of cars in it are so equipped with power or train brakes that its speed can be controlled by the engineman of the locomotive which is drawing such train, without the use of the common hand brakes by the brakemen. When such corporation has equipped Cars a sufficient number of its cars with such power or train brakes, it may refused.
equipped may be lawfully refuse to receive from connecting lines of railroad any cars used in such traffic which are not sufficiently equipped with such power or train brakes as will work and readily interchange with the brakes in use on its own cars.
Sec. 202. A railroad corporation which operates a railroad or any Safety couplers portion thereof within this Commonwealth shall cause to be placed on freight cars. upon both ends of every freight car owned by it and which it may lawfully use such automatic or other safety coupler as the board, after an examination and test, may prescribe, and the board may annul any such requirement made by it. The supreme judicial court, upon the application of the attorney-general, may enforce the provisions of this section.
SEC. 203. A railroad corporation, in moving traffic between points Cars in this Commonwealth, shall not haul or permit to be hauled or used equipped to lo on its lines any car which is not equipped with couplers coupling automatically by impact, and which can be uncoupled in some other way than by men going between the ends of the cars.
The tender of a locomotive is not a car within the meaning of this statute. 66 N. E. Rep. 1032.
SEC. 204. A railroad corporation, in moving traffic between points Grab irons. in this Commonwealth, until otherwise ordered by the board, shall not use any car, except flat cars equipped with automatic couplers, which is not provided with secure grab irons or hand holds on the ends and sides for greater security to men in coupling and uncoupling (ars.
SEC. 205. The standard height of draw bars for freight cars, measured Height of drawperpendicularly from the level of the top of the rails to the centers of the drawbars, shall be thirty-four and one-half inches for standard gauge railroads and twenty-six inches for narrow gauge railroads, with a maximum variation from such standard height, in either case, of three inches between the drawbars of empty and loaded cars; and no freight car with draw bars which do not comply with the above standard, whether loaded or unloaded, shall be used in moving traffic between points in this Commonwealth. SEC. 206. A railroad corporation which violates any of the pro
Penalty. visions of sections two hundred and one and two hundred and three to two hundred and five, inclusive, shall, for each offense, forfeit one hundred dollars which shall be recovered in an action of tort to the use of the Commonwealth by the attorney-general or the district attorney for the district in which such offense was committed. Sec. 209. An employee of a railroad corporation who is injured by Assumption of
risk restricted any locomotive, car or train which is used contrary to the provisions of sections two hundred and one and two hundred and three to two hundred and five, inclusive, shall not be considered to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. CHAPTER 111.-Examination and licensing of railroad employees—Color
blindness. SECTION 221. A railroad corporation shall not employ any person or
Examinations keep him in its employ in a position which requires the employee to
for color-blinddistinguish form or color signals, unless he has been examined for color-blindness or other defective sight by a competent person employed by the corporation and has received a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation which violates the provisions of this section shall forfeit one hundred dollars.
CHAPTER 111.- Railroad inspectors—Duties. Roadbeds, ap- SECTION 223. Railroad and railway inspectors who are appointed pliances, etc., to under the provisions of section eight shall, under the direction of the
board [of railroad commissioners), examine the road bed, tracks, crossings, stations, rolling stock, machinery, equipments, appliances and grounds used in or in connection with the operation of railroads or street railways; and if they are considered by an inspector not to be in compliance with the requirements of law, or to be in such condition as to endanger the safety of the public or of employees, he shall so report in writing to the board, which, if it considers it necessary, shall give notice to the corporation or to the persons who own or operate the railroad or street railway of such failure to comply with the requirements of the law or of such defects, with such recommendation
as it may consider necessary or proper. Investigation SEC. 224. An inspector shall, under the direction of the board, invesof accidents.
tigate as promptly as may be any accident upon or resulting from the
CHAPTER 111.- Workingmen's trains.
than two each way, as the board [of railroad commissioners), upon a Hours of arriv- petition for such trains filed with it, shall in each case order. Such al, etc.
trains shall arrive at and depart from Boston between six and half past seven o'clock in the morning and between the same hours in the evening and special cars may be provided therefor. Season tickets, good once a day each way for six days in the week, shall be furnished for such trains at a rate not exceeding, for yearly tickets, three dollars a mile, and for quarterly and weekly tickets, one dollar a mile.
CHAPTER 111.— Negligence of employees on railroads. Negligence SECTION 265. If an engineman, fireman or other agent of a railroad causing injury.
corporation is guilty of negligence whereby an injury is done to a person or corporation, he shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than twelve
months, negli- SEC. 266. Whoever, having the management of or control of a rail
road train while being used for the common carriage of persons, is guilty of gross negligence in or in relation to the management or control thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than three years.
CHAPTER 111.- Liability of railroad companies for injuries causing death. Liability for SECTION 267. * if an employee of a railroad corporation being death.
in the exercise of due care, is killed under such circumstances as would have entitled him to maintain an action for damages against such corporation if death had not resulted, the corporation shall be liable in the same manner and to the same extent as it would have been if the deceased had not been an employee. *
The single act of negligence on the part of an employee by which the injury sue for is inflicted is not enough to charge the employer with negligence in selecting such employee. 152 Mass. 155.
Under this section an action can not be maintained for the death of an employee caused by the negligence of a fellow-servant. 153 Mass. 112.
An employee is not by this section relieved of the duty of using his own faculties
All street cars in use for the transportation inclosed, when. of passengers in December, January, February and March in each
Platforms to be
year, except as provided in the following section, shall have their platforms inclosed in such manner as to protect the motormen, conductors or other employees who operate such cars from exposure to wind and weather in such manner as the board [of railroad commissioners) shall approve.
SEC. 58. Such street cars shall include all street cars which are operated by steam or electricit which, while in motion, require the constant care or service of an employee upon the platforms of the car or upon one of them.
SEC. 59. A street railway company which fails or neglects to comply Penalty. with the provisions of the three preceding sections shall be punished by a fine of not more than one hundred dollars for each day during which such neglect continues, and a superintendent or manager of such street railway who causes or permits such violation shall be jointly and severally liable with said railway to said fine, and, in default of payment thereof, may be committed to jail until the fine is paid, but for not more than three months.
SEC. 60. A street railway company whose railway is constructed in Application of part outside the limits of public ways shall, with respect to the equip
law. ment, use and operation of its railway and transportation thereon, be subject to all the provisions of law relative to street railways and street railway companies, as fully as if its railway were located wholly within the limits of public ways. CHAPTER 122.- Protection of employees of electric companies— Insulation
of poles. SECTION 20. Poles which are used for the transmission of electricity Poles to be inshall be insulated in such manner as to protect employees and other sulated. persons from accidents. The officer and inspector of wires appointed under the authority of section eighteen or the commissioner of wires of the city of Boston shall enforce the provisions of this section, and he shall be the sole judge of what constitutes a proper insulation.
SEC. 21. A person or corporation owning poles which are used for Penalty. the transmission of electricity who fails to comply with the provisions of the preceding section shall be punished by a fine of not less than ten nor more than one hundred dollars for every pole left uninsulated for an unreasonable time after a request for a proper insulation by the officer, inspector or commissioner acting under the provisions of the preceding section.
CHAPTER 125.-- Incorporation of labor organizations. SECTION 13. Corporations may be formed in the manner provided objects of corin this chapter for the purpose of improving the condition of any
porations. employees in any one or more trades or employments, either relative to their employment or to the promotion of education, temperance, morality or social intercourse among them, or for the purpose of paying benefits to sick or unemployed members, or to persons dependent upon deceased members or otherwise. Sec. 14. The commissioner of corporations shall not indorse his Indorsement
by approval upon the certificate of organization of any such corporation, unless he is satisfied that the purpose of the association is lawful, that its by-laws contain no provision contrary to law and that they conform to the requirements of the following two sections.
Sec. 15. The by-laws shall contain clear and distinct provisions By-laws. relative to the election, admission and expulsion of members; the titles, duties, powers and tenure of the officers of the corporation and their election and removal; the number of members required for a quorum; the call for special meetings; the adoption, amendment and repeal of by-laws; the purposes to which the funds of the corporation may be applied and for which assessments may be laid upon the members; the conditions upon which a member or persons dependent upon a deceased member shall be entitled to benefits, if any are to be given by the corporation; the imposition of fines and forfeitures, if any; the deposit, investment and custody of the funds of the corporation; the periodical audit of the accounts of the treasurer; and the method
of voting on shares of stock, if any are issued by the corporation. A by-law shall not be repealed or amended, or an additional by-law adopted, unless notice of such proposed action shall have been given at a previous meeting; and such repeal, amendment or adoption shall not take effect until it has been approved by the commissioner of
corporations as conformable to the requirements of law. Expulsion of Sec. 16. No member of such corporation shall be expelled by vote
of less than a majority of all the members thereof, nor by vote of less
than three-quarters of the members present and voting upon such Access to rec-expulsion. Every member of such corporation and every person who ords.
has an interest in its funds shall be entitled to examine its books and records.
CHAPTER 125.- Incorporation of relief societies of railroads, etc. Who may in- SECTION 17. Seven or more persons, a majority of whom are residents corporate. of this Commonwealth, being employees of any railroad, street railway
or steamboat corporation organized under the laws of this Common
wealth, may, in accordance with the provisions of sections three to six, Objects. inclusive, form a corporation for the purpose of receiving, managing
and applying such property and funds as it may receive by contribution, assessment or otherwise for the improvement and benefit of its members and for their relief and the relief of their families in case of
sickness, injury, inability to labor or other cases of need. By-laws to be Sec. 18. The by-laws of such corporation shall be approved by the approved. board of railroad commissioners, and shall prescribe the manner in
which, and the officers and agents by whom, the purpose of its incorporation may be carried out and also the manner in which its property may be invested. Such corporation shall annually, and as often as may be required by the board of railroad commissioners, render to the board such statements of its membership and financial transactions and such other information relative thereto as the board may consider necessary for a proper exhibit of its business and standing. Said board may verify such statement by an examination of the books and papers of the corporation; and whoever, having charge or custody of such books and papers, neglects to comply with the provisions of this sec
tion shall be punished by a fine of not more than five hundred dollars. companies may thereof in this Commonwealth, and a street railway company, may, by
Employing Sec. 19. A railroad corporation which operates a railroad or portion cooperate.
vote of its directors, associate itself with seven or more of its employees in forming a corporation under the provisions of section seventeen or may, upon the invitation of any such society, become a member thereof, and may from time to time aid such corporation by contributions to its funds or otherwise. The by-laws of such corporation shall provide for
the manner in which the railroad corporation and street railway comExemption of pany shall vote and be represented in said corporation. The funds of funds.
such corporation shall not be liable to attachment by the trustee process or be liable to be taken on execution or on any other process, legal or equitable, to satisfy any debt or liability of the railroad corporation or street railway company or of any member of the corporation.
CHAPTER 142.— Wages preferred—In administration. Order of pay
SECTION 1. If the estate of a person deceased is insufficient to pay all
de his debts, it shall, after discharging the necessary expenses of his mands.
funeral and last sickness and the charges of administration, be applied to the payment of his debts, which shall include equitable liabilities, in the following order:
First. Debts entitled to a preference under the laws of the United States.
Second. Public rates, taxes and excise duties.
Third. Wages or compensation, to an amount not exceeding one hundred dollars, due to a clerk, servant or operative for labor performed within one year last preceding the death of such deceased person or for such labor so performed for the recovery of payment for which a judgment has been rendered.
Fourth. Debts due all other persons.