Ives v. South B.R. Co.

94 N.E. 431 (NY 1911)

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Nature of the Case

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Facts

P was injured during his employment at D. P sued D under the workers’ compensation statute. The court ruled for P. Under the Act, the employer is responsible to the employee for every accident in the course of the employment, whether the employer is at fault or not, and whether the employee is at fault or not, except when the fault of the employee is so grave as to constitute serious and willful misconduct on his part. Under the common law, the employer is liable for injuries to his employee only when the employer is guilty of some act or acts of negligence which caused the occurrence out of which the injuries arise, and then only when the employee is shown to be free from any negligence which contributes to the occurrence. The commission that was appointed and who created the law stated: 'First, that the present system in New York rests on a basis that is economically unwise and unfair, and that in operation it is wasteful, uncertain and productive of antagonism between workmen and employers. 'Second, that it is satisfactory to none and tolerable only to those employers and workmen who practically disregard their legal rights and obligations, and fairly share the burden of accidents in industries. 'Third, that the evils of the system are most marked in hazardous employments, where the trade risk is high and serious accidents frequent. 'Fourth, that, as a matter of fact, workmen in the dangerous trades do not, and practically cannot, provide for themselves adequate accident insurance, and, therefore, the burden of serious accidents falls on the workmen least able to bear it, and brings many of them and their families to want.' D appealed.