Where new bridges are built or old ones re-built, space of 7 feet to be left be tween such bridges and the tops of freight cars. Special provisions against accident. 4. Whenever a highway bridge or any other erection or structure shall be constructed over a railway, or whenever it shall become necessary to reconstruct any highway bridge, or other erection or structure built over a railway, or to make large repairs to the same, the lower beams or members of the superstructure of such highway or overhead bridge, or of any other erection or structure over any railway, and the approaches thereto, shall be constructed or reconstructed by and at the cost of the railway company or of the municipality or other owner of the bridge, erection or structure, as the case may be, and shall at all times be maintained at a sufficient height from the surface of the rails of the railway to admit of an open and clear headway of not less than seven feet between the top of the highest freight cars then running on the railway and the lower beams or members of such bridge or other erection; and thereafter, any railway com-pany, before using higher freight cars than those running on their railway at the time of the construction or reconstruction of, or large repair to, such bridge or other erection or structure, shall, after having first obtained the consent of the municipality, or of the owners of such highway bridge, or other erection or structure, raise the said bridge or other erection or structure, and the approaches thereto, if necessary, at the cost and charges of the railway company, so as to admit, as aforesaid, an open and clear headway of not less than seven feet over the top of the highest freight car then about to be used on the railway. 44 V. c. 22, s. 5. [As to reconstruction of bridges existing on the 4th day of March, 1881, see 44 V. c. 22, s. 4.] 5. To make further provision against accidents, it is hereby further enacted that: 1. On every railway aforesaid, and at all times, the space between the rails in each railway frog extending from the point thereof backward to where the heads of such rails are not less than five inches apart, shall be filled in with packing; 2. On every such railway, and at all times during every month of April, May, June, July, August, September and October, the space between any wing-rail and railway frog, and between any guard-rail and any other rail fixed and used alongside thereof as aforesaid, and between all wing-rails where no other rail intervenes, shall (save only where space between the heads of such wing-rail and railway frog as aforesaid, or between the heads of any such guard-rail and other rail fixed and used alongside thereof as aforesaid, or between the heads of any such wing-rails where no other rail intervenes as aforesaid, is either less than one and three-quarters of an inch or more than five inches in width), be filled in with packing; 3. The running-board on the roof of each box car used for freighting purposes on such railway shall, at all times, be of a sufficient thickness and strength, and not less than thirty inches in width, and shall, with proper and safe supports, extend the whole length of the car and beyond each end thereof to a point not more than two inches less than that to which the dead-wood or bumpers at each end of such car likewise extend; And every railway company owning, working or operating within this Province such railway shall on and throughout the railway so make, arrange and construct and rearrange, reconstruct and maintain all railway frogs, wing-rails, guardrails and other rails forming part of the railway or used therewith, and every such space as aforesaid, and the filling in thereof with packing as aforesaid, and the running-board on every such box car as aforesaid, in such manner and at such time that the same shall respectively conform to and comply with the requirements in that behalf of this section. 44 V. c. 22, s. 6. 6. Where, within this Province personal injury is caused to Railway coa railway servant, whilst in the employment or service of a pany neglecting provisions railway company, on any railway owned, worked or operated of the precedby the railway company, or to any other person lawfully in, ing sections to upon or about the railway, or any train or car thereon, and injury occathe personal injury has been occasioned or arose either wholly sioned by such or partly: 1. By reason of the lower beams or members of the superstructure of any highway, or other overhead bridge, or any other erection or structure over the railway, not being at all times, of a sufficient height from the surface of the rails to admit of an open and clear headway of at least seven feet between the top of the highest freight cars running on such railway, and the bottom of such lower beams or members; or, 2. By reason of the space between the rails in any railway frog, extending from the point of the frog backward to where the heads of the rails are not less than five inches apart, not being, at all times, filled in with packing; or, 3. By reason of the space between any wing-rail and any railway frog, and between any guard-rail and any other rail fixed and used alongside thereof as aforesaid, and between all wing-rails where no other rail intervenes (save only where the space between the heads of such wing-rail and railway frog as aforesaid, or between the heads of such guard rail and other rail fixed and used alongside thereof as aforesaid, or between the heads of such wing-rails where no other rail intervenes as aforesaid, is either less than one and three neglect. quarters of an inch or more than five inches in width), not being at all times during every month of April, May, June, July, August, September and October, filled in with packing; When railway not liable for default. or, 4. By reason of the running-board on the roof of any box car used for freighting purposes on any such railway, not being of a sufficient thickness and strength, and at least thirty inches in width, and with proper and safe supports, extending the whole length of the car and beyond each end thereof to a point not more than two inches less than that to which the dead-wood or bumpers at each end of such car shall then be likewise extending such railway servant or other person, or, in case the injury results in death, the legal personal representatives of such servant or other person, and any persons entitled in case of death, shall be entitled to recover from the railway company compensation for all damages and loss sustained from or by reason of such injury; and where such injury has been so caused to or suffered by such railway servant, the right of compensation and the remedies against the railway company shall be the same as if the railway servant had not been a servant of, nor in the employment of the railway company, nor engaged in its work. 44 V. c. 22, s. 7. 7. A railway servant shall not be entitled under this Act to any right of compensation or remedy against the railway company of which he is the servant, in any of the following cases, that is to say: 1. Unless the default, matter, or thing wholly or partly occasioning the personal injury as mentioned in section 6 of this Act, arose from or had not been discovered or remedied, owing to the negligence of such railway company, or of some person in the service of and entrusted by the railway company with the duty of seeing that such default, matter or thing did not happen, occur or exist; 2. In any case where the railway servant knew of the matter, default or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the railway company or some person superior to himself in the service of the railway company, unless he was aware that the railway company or such superior already knew of the said matter, default or negligence; 3. In any case where the matter, default or negligence was occasioned by his own act, omission or negligence. 44 V. c. 22, s. 8. 8. The amount of compensation recoverable under this Act, Limit of comin the case of injury to any railway servant as aforesaid, shall pensation for injury. not exceed such sum as may be found equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade, employed during those years in the like employment, and within this Province. 44 V. c. 22, 8. 9. 9. An action for the recovery under this Act of compensa- Limitation of tion for an injury shall not be maintainable unless the action actions. is commenced within six months from the occurrence of the accident causing the injury, or, in case of death, within twelve months from the time of death. 44 V. c. 22, s. 10. 11. PROTECTION OF PROPERTY. CHAP. 213.-PRESERVATION OF FORESTS FROM FIRE, p. 2332. 66 216.-CONTAGIOUS DISEASES AMONG HORSES AND OTHER ANIMALS, 217.-INVESTIGATION OF ACCIDENTS BY FIRE, p. 2350. 219.-LINE FENCES, p. 2353. 220.-DITCHES AND WATERCOURSES, p. 2360. CHAPTER 213. An Act to preserve the Forests from destruction by Lt. Governor a fire district. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Lieutenant-Governor, may, by proclamation to be may proclaim made by him from time to time, issued by and with the advice and consent of the Executive Council, declare any portion or part of the Province of Ontario to be a fire district. 23, s. 1. Publication of fire district. 41 V. c. 2. Every proclamation under this Act shall be published in the Ontario Gazette; and such portion or part of the Province as is mentioned and declared to be a fire district in and by the said proclamation, shall, from and after the said publication, become a fire district within the meaning and for the purposes of this Act. 41 V. c. 23, s. 2. |