U. S. Elec. L. Co. v. Sullivan, 22 128 (see sec.1303a. C. App., 104; D. CHAPTER XLV. NEGLIGENCE CAUSING DEATH. Sec. 1301. LIABILITY.-Whenever by an injury done D. C. App., 115, or happening within the limits of the District of Columbia U. S. Tel. Co. v. the death of a person shall be caused by the wrongful act, Lipscomb, 22 D. neglect, or default of any person or corporation, and the C. v. Wilcox, 4 D. act, neglect, or default is such as would, if death had not 1. Py well, 29 D. ensued, have entitled the party injured, or if the person C.App. 312; Hyde injured be a married woman, have entitled her husband, D. C. App., 473; either separately or by joining with the wife, to maintain Miller-Shoemaker an action and recover damages, the person who or corpo C. App.,90; Moore v. S. R. R. Co., 31 ibid, sec. 1301; 168 U. S., 445; 22 Co. v. Sturgeon, 31 ration which would have been liable if death had not D. C. App., 409; 31 D. C. App., 466; ensued shall be liable to an action for damages for such 37 L. R., 472; 15 death, notwithstanding the death of the person inD. C. App., 104; jured, even though the death shall have been caused D.C.App., 318; 38 under circumstances which constitute a felony; and such 307; 38 L. R., 425; damages shall be assessed with reference to the injury Elevatorcom.car resulting from such act, neglect, or default causing such rler, 38 L. R., 617. death, to the widow and next of kin of such deceased L.R.,139,23 Stat., Ib., 15 D. C. App.,410; 22 D. C. 31 D. C. App., 406; 4 D. C. App., person: Provided, That in no case shall the recovery under this act exceed the sum of ten thousand dollars: And provided further, That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, neglect, or default has recovered damages therefor during the life of such party. Sec. 1302. BY WHOM SUIT TO BE BROUGHT.-Every App.,104; 31 D. C. such action shall be brought by and in the name of the App.,466, 22 D. C. App., 115; 3 D. C. personal representative of such deceased person, and App., 405. within one year after the death of the party injured. Sec. 1303. DISTRIBUTION OF DAMAGES.-The damages 90; 6 D. C. App., recovered in such action shall not be appropriated to the 143; 22 D. C.App., payment of the debts or liabilities of such deceased per318; 22 D. C.App., son, but shall inure to the benefit of his or her family and 129, Sut, also act be distributed according to the provisions of the statute Stat., 232), April of distribution in force in the said District of Columbia. 298; 22 D. C.App., June 11, 1906 22, 1908. R., 2, 466, 37 L. See 151 Fed. Sec. 1303a. LIABILITY OF COMMON CARRIERS.-That Rep.,608; 152 Fed. Rep., 206, 211: 31 every common carrier engaged in trade or commerce in the Stat., 466, 37 L. District of Columbia, or in any Territory of the United R., 472; 37 L. R., States, or between the several States, or between any TerriR. Co. v. Tucker, tory and another, or between any Territory or Territories 38 L. R., 230 38 and any State or States, or the District of Columbia, or with 782; P. B. & W.R. L. R., 343 foreign nations, or between the District of Columbia and any State or States or foreign nations, shall be liable to any of its employees, or, in the case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon him, for all damages which may result from the negligence of any of its officers, agents, or employees, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works. Sec. 2. That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury. Sec. 3. That no contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee: Provided, however, That upon the trial of such action against any common carrier the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of his death, to his personal representative. Sec. 4. That no action shall be maintained under this Act, unless commenced within one year from the time the cause of action accrued. Sec. 5. That nothing in this Act shall be held to limit the duty of common carriers by railroads or impair the rights of their employees under the safety-appliance Act of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three.-Approved, June 11, 1906 (34 Stat., Part I, p. 232). 81254-11- -22 Towles v. Tan ner 21 D. C., App., CHAPTER XLVI. NEGOTIABLE INSTRUMENTS. Sec. 1304. DEFINITIONS.-In this chapter, unless the 542; 30 Stat., 785. context otherwise requires― "Acceptance" means an acceptance completed by delivery or notification. "Action" includes counterclaim and set-off. "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and "note" means negotiable promissory note. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery. "Instrument" means negotiable instrument. "Issue" means the first delivery of the instrument, complete in form, to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable. In determining what is a "reasonable time" or an "unreasonable time" regard is to be had to the nature of the instrument, the usage of trade or business, if any, with respect to such instruments, and the facts of the particular case. Where the day or the last day for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. In any case not provided for in this [act] chapter the rules of the law merchant shall govern. The provisions of this chapter do not apply to negotiable instruments made and delivered prior to January twelfth, eighteen hundred and ninety-nine. (32 Stat., Part I, p. 543.) Sec. 1305. WHEN NEGOTIABLE.—An instrument to be 16 D. C. App., 186; 17 D. C.App., negotiable must conform to the following requirements: 100; 13 D. C.App., First. It must be in writing and signed by the maker 286; 18 D. C.App., or drawer. Second. It must contain an unconditional promise or order to pay a certain sum in money. Third. It must be payable on demand or at a fixed or determinable future time. Fourth. It must be payable to order or to bearer; and, Fifth. Where the instrument is addressed to a drawee he must be named or otherwise indicated therein with reasonable certainty. Sec. 1306. SUM PAYABLE.-The sum payable is a sum certain within the meaning hereof, although it is to be paid First. With interest; or, Second. By stated installments; or, Third. By stated installments, with a provision that upon default in payment of any installment or of interest the whole shall become due; or, Fourth. With exchange, whether at a fixed rate or at the current rate; or, Fifth. With costs of collection or an attorney's fee, in case payment shall not be made at maturity. Sec. 1307. WHEN PROMISE IS UNCONDITIONAL.-An unqualified order or promise to pay is unconditional within the meaning hereof, though coupled with First. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or, Second. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. Sec. 1308. TIME OF PAYMENT.-An instrument is payable at a determinable future time, within the meaning hereof, which is expressed to be payable First. At a fixed period after date or sight; or, Second. On or before a fixed or determinable future time specified therein; or, Third. On or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect. 48. Ib. Sec. 1309. PROMISE IN ADDITION TO PROMISE OF PAY- Ib. MENT.-An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which First. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or, 423. Second. Authorizes a confession of judgment if the instrument be not paid at maturity; or, Third. Waives the benefit of any law intended for the advantage or protection of the obligor; or, Fourth. Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal. Sec. 1310. DATE.-The validity and negotiable character of an instrument are not affected by the fact that— First. It is not dated; or, Second. Does not specify the value given, or that any value has been given therefor; or, Third. Does not specify the place where it is drawn or the place where it is payable; or, Fourth. Bears a seal; or, Fifth. Designates a particular kind of current money in which payment is to be made. But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument. See 36 L. R., Sec. 1311. INSTRUMENT PAYABLE ON DEMAND. -An instrument is payable on demand First. Where it is expressed to be payable on demand, or at sight, or on presentation; or, Second. In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand. Sec. 1312. INSTRUMENT PAYABLE TO ORDER.-The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of First. A payee who is not maker, drawer, or drawee; or, Third. The drawee; or, Fourth. Two or more payees jointly; or, Fifth. One or some of several payees; or, Sixth. The holder of an office for the time being. Where the instrument is payable to order, the payee must be named or otherwise indicated therein with reasonable certainty. Sec. 1313. INSTRUMENT PAYABLE TO BEARER.—The instrument is payable to bearer First. When it is expressed to be so payable; or, Second. When it is payable to a person named therein or bearer; or, Third. When it is payable to the order of a fictitious or nonexisting person and such fact was known to the person making it so payable; or, Fourth. When the name of the payee does not purport to be the name of any person; or, Fifth. When the only or last indorsement is an indorsement in blank. |