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So, in Barstow v. Old Colony R. Co., 143 Mass. 535, 10 N. E. 255, it was held that if a person undertake voluntarily to perform service for a corporation, and the agent of such corporation assents to his performing such service, he stands in the relation of a servant of the corporation while so engaged, which is the proposition in this case for which we presume it was cited by the defendant in error, and as to the correctness of which there can be no doubt.

In Millsap's Adm'r v. Louisville, etc., Ry: Co., 69 Miss. 423, 13 South. 696, it was held that one who by permission of a railway company acts as fireman of its locomotive is a servant of the company, though he acts without compensation merely to learn the business. He was also held to be a fellow-servant of the train dispatcher, whose negligence caused the injury, and therefore a recovery was denied.

But in none of these cases was there misrepresentation as to age or a rule prohibiting the employment of infants.

In all of these cases there is an absence of two circumstances upon which plaintiff in error rests its case: First, that the railroad company prohibited the employment of an infant; and, second, that the , deceased, by misrepresenting his age, obtained permission to ride upon the engine where he was injured.

Cases of negligence have become so numerous that it is impossible to discuss all that bear upon the subject, and therefore it becomes necessary to select those which are most pertinent.

In the case of Fitzmaurice v. N. Y., N. H. & H. R. Co., 192 Mass. 159, 78 N. E. 418, 6 L. R. A. (N. S.) 1146, the facts were as follows: The plaintiff, while riding upon a train of the defendant, was injured by a collision, and no question was made that she would have been entitled to a verdict in her favor if she had been a passenger. She was a minor, and was riding upon a three-months season ticket which was good only for students under 18 years of age. She had obtained this ticket by presenting to the defendant's ticket agent a certificate, purporting to be signed by her father, that she was under 18 years of age and was a pupil in the Hollander Art School, Boston, and agreeing that she would not use the ticket otherwise than in going to and from school, and also presenting a certificate, purporting to be signed by “J. F. Miner, Principal, llollander Art School, Boylston Street, Boston, Mass.," that she was a pupil in his school and as he fully believed intended to remain so for the next three months. She was at this time over 18 years of age, as she testified, lived in Marlboro, and was employed in Hollander's dry goods store in Boston. The regular price for a season ticket was $32. The reduced rate for students under 18 years of age, at which the plaintill procured it, was $16. She had been riding upon this ticket nearly every day, except Sunday, for over a month, and the coupons had been received by the conductor. Upon the face of the ticket were the words: “Good only for a person under 18 years of age.” The jury having found the amount of the plaintiff's damages, if she was entitled to recover, the judge ordered a verdict for the defendant. Upon this state of facts, the supreme court of Massachusetts held:

"The defendant had the right to establish a reduced rate for students under a fixed age.

The plaintiff knew that she did not come within the class to which this offer of a reduced rate was made, and obtained her ticket by presenting certificates of facts

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which she knew to be false. She thus obtained by false representations a ticket to which she knew that she was not entitled. Whatever rights she had to be regarded as a passenger on the defendant's train she had acquired solely by the fraud which she had practiced upon the defendant. She had no right to profit by her fraud. She had no right to rely upon the consent of the railway company to her entering its train as a passenger, when she had obtained that consent merely by gross misrepresentations. Accordingly she was not lawfully upon the defendant's train. She was in no better position than that of a mere trespasser. This principle has been affirmed in other jurisdictions. Thus it has been held that a person traveling over a railroad on a free pass or a mileage ticket which had been issued to another name and was not transferable was barred by his fraudulent conduct from recovering for a personal injury, unless it was due to negligence so gross as to show a willful injury. If the plaintiff had fraudulently evaded the payment of any fare, she certainly would not have become a passenger, and the defendant's utmost duty to her while she was upon its train would have been to abstain from doing her any willful or reckless injury. But such a case can not be distinguished in principle from the case at bar, in which the plaintiff obtained her ticket at a reduced price by successfully practicing a fraud. The only relation which existed between the plaintiff and defendant was induced by her fraud; and she can not be allowed to set up that relation against the defendant as a basis of recovery.

This case is annotated in 6 L. R. A. (N. S.) 1146, and a number of cases not cited in the opinion are mentioned in the note; and it seems to us to be not only good law, but good morals, as well. It so completely covers the case under consideration, and is so well supported by the reasoning of the court and the authorities cited, that we are content to rest upon it.

Defendant in error relies also upon the argument that there was no relation between the misrepresentation of Bondurant as to his age and the accident by which he was injured.

It is true that his being an infant in no way contributed to the accident. It is equally true that in Fitzmaurice v. Railroad, supra, the fact that plaintiff was over 18 years of age in no wise contributed to the accident. Doubtless the accident would have taken place, whether Bondurant had been upon the engine or not; but, if he had not been upon the engine, he would not have been injured by the collision. The controlling question in this case, however, is: In what relation did the intestate of the defendant in error stand to the railroad company at the time of the injury, and what duty did the railroad company owe to him? It is as true of him as it was of Miss Fitzmaurice that the only relation which existed between him and the railroad company was induced by fraud. But for his fraud and misrepresentation, he could never have been upon the engine. He was, therefore, a trespasser, or at most a bare licensee, to whom the railroad company stood in no contractual relation and owed no other duty than not to injure him recklessly, wantonly, or willfully.

LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED SINCE

JANUARY 1, 1904.

[The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin, beginning with Bulletin No. 57, the issue of March, 1905. Acumulative index of these later enactments is to be found on page 657 et seq. of this issue.]

MASSACHUSETTS.

ACTS OF 1907.

CHAPTER 164.--Provisions for accidents in factories.

(See Bulletin No. 73, p. 872.]

CHAPTER 267.Hours of labor of women and children- Vight work.

(See Bulletin No. 73, p. 713.]

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CHAPTER 269.- Hours of labor of employees on public works. SECTION 1. Section one of chapter five hundred and seventeen of the acts of the year nineteen hundred and six is hereby amended

so as to read as follows: Section 1 (as amended by chapter 570, Acts of 1907). Eight hours shall constitute a day's work for all laborers, workmen and mechanics now or hereafter employed by or on behalf of the ('ommonwealth, or of any county therein, or of any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws. No laborer, workman or 'mechanic so employed shall be requested or required to work more than eight hours in any one calendar day or more than forty-eight hours in any one week except in cases of extraordinary emergency. Only a case of danger to property, to life, to public safety or to public health shall be considered a case of extraordinary emergency within the meaning of this section. Engineers shall be considered mechanics within the meaning of this act. But in cases where a weekly half holiday is given the hours of labor upon the other working days of the week may be increased suificiently to make a total of forty-eight hours for the week's work. Threat of loss of employment or threat to obstruct or prevent the obtaining of employment, or threat to refrain from employing in the future shall be considered requiring, within the meaning of this section. This section shall not apply to persons employed in any State, county or municipal institution, on the farm, or in the care of the grounds, in the stable, in the domestic or kitchen and dining-room service, or in storerooms and offices. SEC. 2. Section two of said chapter five hundred and seventeen is hereby amended

80 as to read as follows: Section 2. Every contract, excluding contracts for the purchase of material or supplies, to which the Commonwealth, or of any county therein, or of any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic working within this ('ommonwealth in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be requested or required to work more than eight hours in any one calendar day and every such contract which does not contain this stipulation shall be null and void. Sec. 3. Section four of said chapter five hundred and seventeen is hereby amended

So as to read as follows: Section 4. Any person or contractor or subcontractor, or any agent or person acting on behalf of any contractor or subcontractor, or any agent or oflicial of the Commonwealth or of any county, city or town who violates any provision of this act shall be subject to a penalty of liity dollars for each offense. Approved April 3, 1907.

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CHAPTER 373.- Eramination, etc., of stationary engineers and firemen. SECTION 1. Section seventy-eight of chapter one hundred and two of the Revised Laws is hereby amended

so as to read as follows: Section 78. No person shall have charge of or operate a steam boiler or engine in this Commonwealth, except boilers and engines upon locomotives, motor road vehicles, boilers and engines in private residences, boilers in apartment houses of less than five flats, boilers and engines under the jurisdiction of the United States, boilers and engines used for agricultural purposes exclusively, boilers and engines of less than eight horsepower, and boilers used for heating purposes exclusively which are provided with a device approved by the chief of the district police limiting the pressure carried to fifteen pounds to the square inch, unless he holds a license as hereinafter provided. The owner or user of a steam boiler or engine, other than boilers or engines above excepted, shall not operate or cause to be operated a steam boiler or engine for a period of inore than one week, unless the person in charge of and operating it is duly licensed.

SEC. 2. Section eighty-two of said chapter one hundred and two, as amended is hereby further amended by striking out said section and inserting in place thereof the following:

Section 82. Licenses shall be granted according to the competence of the applicant and shall be distributed in the following classes:–Engineers' licenses:- First class, to have charge of and operate any steam plant. Second class, to have charge of and operate a boiler or boilers, and to have charge of and operate engines, no one of which shall exceed one hundred and fifty horsepower, or to operate a first class plant under the engineer in direct charge of the plant. * Third class, to have charge of and operate a boiler or boilers not exceeding in the aggregate one hundred and fifty horsepower, and an engine not exceeding tiity horsepower, or to operate a second class plant under the engineer in direct charge of the plant. Fourth class, to have charge of and operate hoisting and portable engines and boilers. Firemen's licenses:–Extra first class, to have charge of and operate any boiler or boilers. First class, to have charge of and operate any boiler or boilers where the pressure carried does not exceed twenty-five pounds to the square inch, or to operate high-pressure boilers under the engineer or fireman in direct charge thereof. Second class, to operate any boiler or boilers under the engineer or fireman in direct charge thereof. Any person holding a first class or second class fireman's license at the time of the passage of this act shall receive a first class fireman's license under this act. A person holding an extra first class or first class fireman's license may operate a third class plant under the engineer in direct charge of the plant. A person holding an engineer's or fireman's license who desires to have charge of or to operate a particular steam plant or type of plant may, providing he holds an engineer's or fireman's license, if he files with his application a written request signed by the owner or user of said plant for such examination, be examined as to his competence for such service and no other, and if found competent and trustworthy shall be granted a license for such service and no other. No special license shall be granted to give any person charge of a plant over one hundred and fifty horsePower.

Sec. 3. Section eighty-four of said chapter one hundred and two is hereby amended by striking out the said section and inserting in place thereof the following:

Section 84. A person who is aggrieved by the action of an examiner in refusing or revoking a license may appeal therefrom to the remaining examiners, three or more of whom shall together act as a board of appeal, and shall have the power to hear the parties and pass upon the subjects of appeal. If appeal is taken it must be within one month alter the decision of the examiner. The appellant may have the privilege of having one first class engineer present during the hearing of his appeal, but he shall take no part therein. The decision of the majority of such examiners so acting as a board of appeal shall be final if approved by the chief of the district police. Sec. 4. Sertion eighty-five of said chapter one hundred and two is hereby amended

so as to read as follows: Section 85. An engineer's or fireman's license, granted under the provisions of the seven preceding sections or the corresponding provisions of earlier laws, shall be placed go as to be easily read in a conspicuous place in the engine room or boiler room of the plant operated by the holder of such license. The person in charge of a stationary steam boiler upon which the safety valve is set to blow off at more than twenty-five pounds pressure to the square inch, except boilers upon locomotives, motor road vehicles, boilers in private residences, boilers in apartment houses of less than five flats, boilers under the jurisdiction of the United States, boilers used for agricultural purposes exclusively, and boilers of less than eight horsepower, shall

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keep a daily record of the boiler, its condition when under steam and all repairs made and work done on it, upon forms to be obtained upon application from the boiler inspection department. These records shall be kept on file and shall be accessible at all times to the members of the boiler inspection department.

Approved May 4, 1907.

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CHAPTER 465.- Inspection of steam boilers.

[See Bulletin No. 73, pp. 872-876.] CHAPTER 537.-Inspection of factories and workshopsInspectors of health. SECTION 1. The State board of health shall, as soon as may be after the passage of this act, divide the Commonwealth into not more than fifteen districts, to be known as health districts, in such manner as it may deem necessary or proper for carrying out the purposes of this act.

Sec. 2. After the division aforesaid has been made, the governor, with the advice and consent of the council, shall appoint in each health district one practical and discreet person, learned in the science of medicine and hygiene, to be State inspector of health in that district Every nomination for such office shall be made at least seven days prior to the appointment. The said State inspectors of health shall hold their offices for a period of five years from the time of their respective appointments, but shall be liable to removal from office by the governor and council at any time.

SEC. 3. Every State inspector of health * shall inform himself concerning the health of all minors employed in factories within his district, and, whenever he may deem it advisable or necessary, he shall call the ill health or physical unfitness of any minor to the attention of his or her parents or employers and of the State board of health.

Sec. 5. The State inspectors of health shall, under the direction of the State board of health and in place of the inspection department of the district police, enforce the provisions of section forty-one of chapter one hundred and four of the Revised Laws so far as said section provides that factories shall be well ventilated and kept clean, sections forty-one, forty-four and forty-seven to sixty-one, inclusive, of chapter one hundred and six of the Revised Laws, chapter three hundred and twenty-two of the acts of the year nineteen hundred and two, chapter four hundred and seventy-five of the acts of the year nineteen hundred and three, chapter two hundred and thirtyeight of the acts of the year nineteen hundred and five, and chapter two hundred and fifty of the acts of the year nineteen hundred and six; and the powers and duties heretofore conierred and imposed upon the members of said inspection department of the district police by section eight of chapter one hundred and eight of the Revised Laws in respect to the foregoing sections and acts, and in respect to all acts in amendment thereof or in addition thereto, and in respect to any other laws, are hereby conferred and imposed upon said State inspectors of health or such other officers as the State board of health may from time to time appoint: Provided, however, That neither said board of health nor any inspector thereof shall have authority to require structural alterations to be made in buildings, but shall report the necessity therefor io the inspection department of the district police. Wherever in said provisions of law the words “inspector" or "inspectors of factories and public buildings," "inspection department of the district police,” "inspector" or "inspectors of the district police," "district police," "factory inspector" or "inspectors," and "member” or “members of the district police" occur, they shall be taken to mean State inspector or inspectors of health. Wherever the words chief of the district police” occur, they shall be taken to mean the State board of health.

Sec. 6. The governor, with the advice and consent of the council, shall establish the salaries of said State inspectors of health, having regard in each district to the extent of territory, the number of inhabitants, the character of the business there carried on, and the amount of time likely to be required for the proper discharge of the duties. The salaries thus established shall be paid from the treasury of the Commonwealth monthly.

Sec. 7. There may be expended out of the treasury of the Commonwealth annually, for the purposes specified in this act, for salaries, a sum not exceeding twenty-five thousand dollars, and for other expenses, a sum not exceeding five thousand dollars.

SEC. 8. For the purpose of carrying out the provisions of this act the State board of health may employ from time to time experts in sanitation.

Approved June 19, 1907.

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