Arizona have both been printed, the latter being the compensation law proper. STATE OF ARIZONA FOURTH SESSION-1ST LEGISLATURE "LAWS OF 1913" CHAPTER VI LIABILITY OF EMPLOYERS FOR INJURIES TO WORK- SECTION 56. This chapter is and shall be declared Act 89, Sec. 1, to be an Employer's Liability Law as prescribed in Sec. 7, of Article XVIII of the State Constitution. L. 1912, p. 491 Sec. 2, id. Sec. 3, id. SECTION 57. That to protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad, or street railway, transportation, or any other industry, as provided in said Sec. 7, of Article XVIII of the State Constitution, any employer, whether individual, association, or corporation, shall be liable for the death or injury, caused by any accident due to a condition or conditions of such occupation, of any employee in the service of such employer in such hazardous occupation, in all cases in which such death or injury of such employee shall not have been caused by the negligence of the employee killed or injured. SECTION 58. The labor and services of workmen at manual and mechanical labor, in the employment of any person, firm, association, company, or corporation, in the occupations enumerated in the next section hereof are hereby declared and determined to be service in a hazardous occupation within the meaning of the terms of the preceding section. By reason of the nature and conditions of, and the means used and provided for doing the work in, said occupations, such service is especially dangerous and hazardous to the workmen therein, because of risks and hazards which are inherent in such occupations and which are unavoidable by the workmen therein. Arizona SECTION 59. The occupations hereby declared and determined to be hazardous within the meaning of this Sec. 4, and chapter are as follows: 1. The operation of steam railroads, electrical railroads, street railroads, by locomotives, engines, trains, motors, or cars of any kind propelled by steam, electricity, cable or other mechanical power, including the construction, use or repair of machinery, plants, tracks, switches, bridges, roadbeds, upon, over, and by which such railway business is operated. 2. All work when making, using or necessitating dangerous proximity to gunpowder, blasting powder, dynamite, compressed air, or any other explosive. 3. The erection or demolition of any bridge, building or structure in which there is, or in which the plans and specifications require, iron or steel frame work. 4. The operation of all elevators, elevating machines. or derricks or hoisting apparatus used within or on the outside of any bridge, building or other structure for conveying materials in connection with the erection or demolition of such bridge, building or structure. 5. All work on ladders or scaffolds of any kind elevated twenty (20) feet or more above the ground or floor beneath in the erection, construction, repair, painting or alteration of any building, bridge, structure or other work in which the same are used. 6. All work of construction, operation, alteration or repair where wires, cables, switchboards, or other apparatus or machinery are in use charged with electrical current. 7. All work in the construction, alteration, or repair of pole lines for telegraph, telephone or other purposes. 8. All work in or about quarries, open pits, open cuts, mines, ore reduction works and smelters. 9. All work in the construction and repair of tunnels, sub-ways and viaducts. 10. All works in mills, shops, works, yards, plants, and factories where steam, electricity, or any other Sec. 5, id. Sec. 6, id. Sec. 7, id. modif. Arizona mechanical power is used to operate machinery and appliances in and about such premises. Every employer, whether individual, firm, association, company or corporation, employing workmen in such occupation, of itself or through an agent, shall by rules, regulations, or instructions, inform all employees in such occupations as to the duties and restrictions of their employment, to the end of protecting the safety of employees in such employment. SECTION 60. When in the course of work in any of the employments or occupations enumerated in the preceding section personal injury or death by any accident arising out of and in the course of such labor, service and employment, and due to a condition or conditions of such occupations or employment, is caused to or suffered by any workman engaged therein, in all cases in which such injury or death of such employee shall not have been caused by the negligence of the employee killed or injured, then the employer of such employee shall be liable in damages to employee injured, or, in case death ensues, to the personal representative of the deceased for the benefit of the surviving widow or husband and children of such employee; and, if none, then to such employee's parents; and, if none, then to the next of kin dependent upon such employee, and, if none then to his personal representative, for the benefit of the estate of the deceased. SECTION 61. In all actions hereafter brought against any such employer under or by virtue of any of the provisions of this chapter to recover damages for personal injuries to any employee, or where such injuries have resulted in his death, the question whether the employee may have been guilty of contributory negligence, or has assumed the risk, shall be a question of fact and shall at all times, regardless of the state of the evidence relating thereto, be left to the jury, as provided in Sec. 5, of Article XVIII of the State Constitution; provided however, that in all actions brought against any employer, under or by virtue of any of the Arizona provisions of this chapter to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. SECTION 62. That any contract, rule, regulation, Sec. 8, id. or device whatsoever, the purpose or intent of which shall be to enable any employer to exempt himself or itself from any liability created by this chapter, shall to that extent be void; provided, that in any action brought against any such employer under or by virtue of any of the provisions of this chapter, such employer may set off therein any sum it has contributed or paid to any insurance, relief, benefit, or indemnity or that it may have paid to the injured employee or his personal representative on account of the injury or death. for which said action was brought. SECTION 63. In all actions for damages brought Sec. 9, id. under the provisions of this chapter, if the plaintiff be successful in obtaining judgment; and if the defendant appeals to a higher court; and if the plaintiff in the lower court be again successful; and the judgment of the lower court is sustained by the higher court or courts; then, and in that event the plaintiff shall have added to the amount of such judgment by such higher court or courts, interest at the rate of 12 per cent per annum on the amount of such judgment from the date of the filing of the suit in the first instance until the full amount of such judgment is paid. SECTION 64. No action shall be maintained under Sec. 10, id. this chapter unless commenced within two years from the day the cause of action accrued. 67 Arizona Act 14 Sec. 1, 2nd Ses. CHAPTER VII COMPENSATION FOR INJURIES TO WORKMEN ENGAGED SECTION 65. This chapter is a workman's CompulL 1912, p. 23. sory Compensation Law as provided in Section 8, of Article XVIII of the State Constitution. Sec. 2, id. Sec. 3, id. SECTION 66. Compulsory compensation shall be paid by his employer to any workman engaged in any employment declared and determined as in the next section hereof (as provided in Sec. 8, of Article XVIII of the State Constitution) to be especially dangerous, whether said employer be a person, firm, association, company, or corporation, if in the course of the employment of said employee personal injury thereto from any accident arising out of, and in the course of, such employment is caused in whole, or in part, or is contributed to, by a necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its officers, agents, or employee or employees, to exercise due care, or to comply with any law affecting such employment. SECTION 67. The employments hereby declared and determined to be especially dangerous (as provided in Sec. 8, of Article XVIII of the State Constitution) within the meaning of this chapter are as follows: 1. The operation of steam railroads, electrical railroads, street railroads, by locomotives, engines, trains, motors, or cars of any kind propelled by a steam, electricity, cable or other mechanical power, including the construction, use or repair of machinery, plants, tracks, switches, bridges, roadbeds, upon, over, and by which such railway business is operated. 2. All work when making, using or necessitating dangerous proximity to gunpowder, blasting powder, dynamite, compressed air, or any other explosive. 3. The erection or demolition of any bridge, build |
