1900. ] OF THE HOUSE OF DELEGATES. 765

swer in damages to such employee as if he were a stran-
ger and not engaged in such service or employment in
the eases following:

"1. When the injury is caused by reason of any defect
in the condition of the ways, works or machinery collect-
ed with or used in the business of the employer which arose
from or had not been discovered or remedied, owing to
the negligence of the employer or of any person in the
service of the employer and entrusted by him with the
duty of seeing that the ways, works or machinery were
in proper condition; or when the injury is caused by rea-
son of the incompetency of a fellow-servant, in the se-
lection of whom the employer, or any person in the ser-
vice of the employer and entrusted by him with the duty
of selecting servants, did not use due care and dili-
gence.

"2. Where the injury is caused by reason of the negli-
gence of any person in the service of the employer en-
trusted with and exercising superintendence, whose sole
or principal duty is that of superintendence.

When an employer sublets the whole or any part of
the work to be done, to a sub-contractor, and the sub-
contractor uses the ways, works, machinery or plant
owned or furnished by the employer, then any employee
of such sub-contractor, injured through any defect in
such ways, works, machinery or plant, shall have a right
of action against the original employer, provided that
such defect arose or had not been discovered or remedied
through the negligence of the employer or of some per-
son entrusted by him with the duty of seeing that they
were in proper condition.

4. When such injury is caused by reason of the negli-
gence of any person in the employment of the employer
who has the charge or control of any signal, switch, loco-
motive, engine, car or train upon a railroad.

Sec. 2. If any of the injuries set forth in the aforego-
ing Act for which a master or employer would have been
liable under the terms of this Act, results in the death of
the employee, then his personal representatives shall be
entitled to maintain an action therefor, provided, how-
ever, that not more than one action shall be for and in
respect of the same subject matter of complaint, and that