s engaged in the same line or
subdivision of the common service. Perhaps employers escape more
frequently on this ground than on any other from paying anything for
losses.

Yet there is another ground on which they often escape paying
anything. An employe is supposed when making his contract with his
employer to take on himself all the ordinary risks arising from his
employment. These in many cases are very numerous. He does not assume
extraordinary risks, but he does assume all ordinary risks that are
likely to happen to him. Employes are injured every day and yet can
recover nothing, because their injury is simply a common one, the risk
of which they have assumed.

Would it not be possible to make an employer liable for them all?
Undoubtedly an employe could make a contract of this kind if he wished
and his employer was willing to do so, but if they did the employer
would be unwilling to pay as high wages. The greater the risk assumed
by the employe the larger is the compensation paid; the one thing is
graded by the other. It was stated when considering the rights and
duties of common carriers that they have been lessening their
liabilities; on the other hand, they are carrying for smaller prices
than they once did. Doubtless a carrier would be willing to assume
more risks--every kind of risk, in short--if he were paid enough for
it, but shippers ordinarily are willing to assume many risks for the
sake of the lower rates and insure their risks in insurance companies.
Just so the working-men prefer higher wages and assume many risks of
their employment. There is nothing unfair in this. For example, the
persons who are engaged in making white lead run an unusual risk in
pursuing their employment. It is said nowadays that if they use the
utmost care in protecting themselves from inhaling the fumes that
arise in some stages of this process, they can live quite as long as
other people. But unless they do exercise every precaution their
system finally becomes charged with the poison that arises from this
process and their lives are shortened. They well understand this
before beginning the work; they are told of the risks and are paid
high wages. If, therefore, they undertake such employment, well
knowing the risks, they have no right to complain if their health
after a time suffers. No fraud has been practised on them, and we do
not know that they do complain if they suffer any ill effects from
their work.

XVII. LIA