1308 ARTICLE 101.
ments not specifically enumerated herein, and to all work of an extra
hazardous nature.
When stevedore foreman, who was assisting on pier in unloading steamer,
fell into water and was drowned, held that since injury had its inception on
land, case came under Workmen's Compensation Act. Shipping Co. v. Royster,
148 Md. 444. Cf. Jarka Co. v. Gancl, 149 Md. 427 (decided prior to act 1929,
ch. 331).
General service garage where automobiles are repaired comes within meaning
of "machine shops" in sub-sec. 4. Wheeler v. Rhoten, 144 Md. 11.
This section referred to in construing sec. 35. See notes thereto. Harris v.
Baltimore, 151 Md. 17.
Cited but not construed as to compensation to salesmen and salesmanagers.
Weston-Dodson Co. v. Carl, 156 Md. 536.
Compensation for injuries to salesmen, sustained by them within the state or
elsewhere, if residents or citizens of the State, and their employer has place
of business in State, applies only when contract of employment is made in the
State. Tobacco Co. v. Goslin, 163 Md. 79, 83.
Where salesman engaged to solicit orders from customers outside the estab-
lishment, actually solicited orders inside establishment, but in ratio of 7 hours
outside to 3 hours inside, held that he was salesman protected by compensation
law even though injured while soliciting orders inside establishment. Boteler
v. Gardiner-Buick Co., 164 Md. 478.
Nursing is not extra-hazardous work under the provisions of this article.
Baltimore v. Smith, Daily Record. April 11, 1935.
Cited but not construed in Arundel Corp. v. Ayres, 167 Md. 574.
See notes to sec. 14.
An. Code, 1924, sec. 33. 1914, ch. 800, sec. 33. 1927, ch. 656.
33. Any employer, his employee or employees engaged in works not
extra-hazardous within the meaning of this Article may, by their joint
election, filed with the Commission, accept the provisions of this Article
and such acceptances when approved by the Commission, shall subject
them to the provisions of this Article to all intents and purposes as if they
had been originally included in its terms.
Any workman of the age of sixteen years and upwards may himself
exercise the election hereby authorized. The right of election hereby
authorized shall be exercised on behalf of any workman under the age of
sixteen years by his parent or guardian.
The provisions of this Article shall apply to employers and employees
engaged in intra-State and also in interstate or foreign commerce, for whom
a rule of liability or method of compensation has been or may be estab-
lished by the Congress of the United States, only to the extent that their
mutual connection with intra-State work may and shall be clearly separable
and distinguishable from interstate or foreign commerce, except that any
such employer and any of his workmen only in this State may, with the
approval of the Commission, and so far as not forbidden by any Act of
Congress, voluntarily accept the provisions of this Article by filing written
acceptance with the Commission, which shall subject the acceptors to the
provisions of this Article to all intents and purposes as if they had been
originally included in its terms.
Workmen's Compensation Law does not apply to minors employed in violation
of Child Labor Law. See art. 100, secs. 4, 10. Suit at law; demurrer; prayers.
Tilghman v. Conway, 150 Md. 530 (decided prior to act 1927, ch. 536—see sec. 48).
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