Page:Harvard Law Review Volume 12.djvu/223

THE LAW AND ITS LIMITATIONS. 20$ injuries caused by the negligence of co-employees, or as to any other matter, were inevitably acting on one side of the bargain or on the other. When, therefore, the courts " implied " a term that the master should not be liable, there was only one thing left for the employee to do ; that was to get the legislature to invent a term on the other side. The result was the English Employers' Liability Act, of 1880, which was followed in Alabama in 1885, in Massachusetts in 1887,^ and later in other States. Not the least interesting part of these acts are the clauses re- stricting them from having any application to real servants. What the courts confounded, the legislature was able to keep separate. The result is that the fellow-servant rule is in precisely the same position to-day as it was at the beginning of the century. G. Hay, 1 43 & 44 Vict. ch. 42 ; Ala. Code, 1886, pars. 2590-2592 ; Mass. Acts of 1887, ch. 270.