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General election days.-Arizona, California, Colorado (a), Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada (), New Hampshire, New Jersey, New York, North Dakota, Ohio (c), Oklahoma, Oregon, Pennsylvania, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Washington, West Virginia, Wisconsin, and Wyoming. Good Friday.-Alabama, Louisiana, Maryland, Minnesota, Pennsylvania, Philippine Islands, Porto Rico, and Tennessee.

Labor Day-The first Monday in September-Alabama, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana (d), Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia. Day to be set by the governor-Wisconsin.

Mardi Gras.-Alabama and Louisiana (4).

Saturdays after 12 o'clock noon.-Colorado (e), Delaware (ƒ), District of Columbia, Indiana, Louisiana (9), Maine, Maryland (^), Michigan, Missouri (2), New Jersey, New York, Ohio, Pennsylvania, South Carolina (J), Tennessee, and Virginia.

Thanksgiving Day (whenever appointed).—Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Third Saturday in September-Regatta Day-Hawaii.
Thursday of Holy Week.-Philippine Islands.

a November elections only. Nonjudicial day.

c From noon until 2 p. m. only.

d In the parish of Orleans.

e Cities of 100,000 population or over during the months of June, July, and August. f Applies only to Newcastle County. In the city of Wilmington the law applies to every Saturday in the year, in the rest of the county only from June to September, inclusive.

gCities and towns of over 15,000 population.

In Baltimore, Annapolis, Baltimore County, Harford County, and Montgomery County.

i Cities of over 100,000 population.

j In Charleston County only.

CHAPTER II.

LABOR LAWS.

95

CHAPTER II.

LABOR LAWS.

ALABAMA.

CODE OF 1897.

CIVIL CODE.

CHAPTER 2.-Right of action for injuries causing death.

SECTION 26. When the death of a minor child is caused by the Death of minor
wrongful act, or omission, or negligence of any person or persons, or child.
corporation, his or their servants or agents, the father, or the mother,
in the cases mentioned in the preceding section [cases of the father's
disability], or the personal representative of such minor, may sue and
recover such damages as the jury may assess; but a suit by the father or
mother, in such case, is a bar to a suit by the personal representative.
Recovery is solely for the benefit of parents. 100 Ala. 451.

Parent can recover only where minor could have recovered at common law, had
be survived. 90 Ala. 13.

Damages under this section are compensatory and not punitive. 91 Ala. 635.

Who may sue.

tion.

SEC. 27. A personal representative may maintain an action, and Right of action
recover such damages as the jury may assess, for the wrongful act, accrues, when.
omission, or negligence of any person or persons, or corporation, his
or their servants or agents, whereby the death of his testator or intes-
tate was caused, if the testator or intestate could have maintained an
action for such wrongful act, omission, or negligence, if it had not
caused death; such action shall not abate by the death of the defend- Survival of ac-
ant, but may be revived against his personal representative; and may
be maintained, though there has not been prosecution, or conviction,
or acquital of the defendant for such wrongful act, or omission, or
negligence; and the damages recovered are not subject to the payment
of the debts or liabilities of the testator or intestate, but must be dis- empt.
tributed according to the statute of distributions. Such action must Limitation,
be brought within two years from and after the death of the testator
or intestate.

Damages under this section are punitive "to prevent homicides." The measure
of damages is with the jury. 58 Ala. 672.

Damages

ex

Negligence of a fellow-servant gives no right of action under this section. 101
Ala. 309.

CHAPTER 3.-Wages preferred—In administration.

SECTION 126. The debts against the estates of decedents are to be Order of paypaid in the following order:

ment

of

de

mands.

1. The funeral expenses.

2. The fees and charges of administration.

3. Expenses of the last sickness.

4. Taxes assessed on the estate of the decedent previous to his death.

of the death of the decedent.

5. Debts due to employees, as such, for services rendered the year

6. The other debts of the decedent.

SEC. 290. When the real and personal property of any decedent is Insolvent
insufficient for the payment of the debts, the proceeds arising from
the sale thereof must be distributed as directed by section 126 in pro-
portion to the amounts due to each class of creditors, in the order in
such section specified.

es

tates.

H. Doc. 733, 58-2-7

97

1

Injury caused

by

Defects.

CHAPTER 43.-Liability of employers for injuries to employees. SECTION 1749. When a personal injury is received by a servant or employee in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger, and not engaged in such service or employment, in the cases following:

1. When the injury is caused by reason of any defect in the condition of the ways, works, machinery, or plant connected with, or used in the business of the master or employer.

Negligence of 2. When the injury is caused by reason of the negligence of any superintendent. person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.

thority.

Or one in au- 3. When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer, to whose orders or directions the servant or employee, at the time of the injury, was bound to conform, and did conform, if such injuries resulted from his having so conformed.

Obedience

rules or instructions.

to 4. When such injury is caused by reason of the act or omission of any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer in that behalf.

Negligence of 5. When such injury is caused by reason of the negligence of any person in charge of railroad sig-person in the service or employment of the master or employer, who has the charge or control of any signal, points, locomotive, engine, switch, car, or train upon a railway, or of any part of the track of a railway.

nal, etc.

Exceptions.

But the master or employer is not liable under this section, if the servant or employee knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer, unless he was aware that the master or employer, or such superior already knew of such defect or negligence; nor is the master or employer liable under subdivision 1, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the master or employer, or of some person in the service of the master or employer, and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition.

In order for recovery there must be actual employment: volunteer service or service outside the line of duty is not protected. 85 Ala. 203.

Liability is based on the fact of employment and not on contract, and can not be avoided by a contract or rule attempting to place the risk on the employee. 97 Ala. 126.

The statute does not apply to known risks and dangers of the service against which human skill and caution can not provide, nor to accidents incident to the business. 94 Ala. 199.

This section does not abrogate the defense of contributory negligence: a negligent employee can not recover under its provisions. 8 So. Rep. 357.

But if a fellow-servant acted so recklessly or wantonly as to raise the imputation of a willful or intentional injury, with knowledge that injury would probably result from his conduct, contributory negligence is not a defense. 85 Ala. 269. Injury alone does not raise a presumption of negligence. 97 Ala. 171. Causal connection must be shown between negligence and injury. 91 Ala. 496. Jury may infer such connection from circumstances. 95 Ala. 397.

Damages recoverable are compensatory and not punitive, and do not include exemplary damages or damages for pain, suffering, or loss of society. 91 Ala. 548. The employee must have notice or knowledge of rules to make their violation contributory negligence. 112 Ala. 216.

Custom and practice can not justify negligence. 94 Ala. 277.

But employer may acquiesce in breach of rule. 100 Ala. 232.

Or waive its observance by inconsistent requirements. 111 Ala. 275.

A defect in ways must be of an inherent part: a movable object temporarily on the track is not within the statute. 110 Ala. 185.

Superintendence is not necessarily that exercised over the injured person, but if the negligence of a superintendent results in injury to any servant of the common master, the latter is liable. 97 Ala. 240.

A superintendent put over a gang of laborers by a city can not be repudiated on the ground that his appointment was illegal when an employee brings action for injuries received through the superintendent's negligence. 14 So. Rep. 357.

The provisions of subsection 5 do not apply to the engineer of a stationary engine moving cars in a mine by the use of a cable and a drum. 26 So. Rep. 124.

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