- 922 JOURNAL OF PROCEEDINGS [Mar. 14

"Entitled "An Act to extend and regulate the liability
of employers to make compensation for personal injuries
suffered by employees in their service. "

"Section 1. Be it enacted by the General Assembly of
Maryland, That when a personal injury is received by
an employee in the service or business of the employer,
and such employee is, at the time, in the exercise of due
care and diligence, the employer shall be liable to an-
swer in damages to such employee as if he were a stran-
ger and not engaged in such service or employment in
the case following:

"1. When the injury is caused by reason of any defect
in the condition of the ways, works or machinery connect-
ed with or used in the business of the employer which
arose from or had not been discovered or remedied, ow-
ing 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 reason of the incompetency of a fellow-servant, in the
selection of whom the employer, or any person in the
service 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.