White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1911-02-19

injuries to. or death of. any EN-
ployees, servants. apprentices. or
workmen In his employment. the fact
that such employee, servant, appren-
tiee, II workman. may have been
guilty of eontributory negligence
shall not be taken into consideration
by law. and shall not bar a recovery
but the damages shall be diminished
by the jury in proportion to the
amount of negligence attributable to
such employee. servant. apprentice.
or workman; provided. that no such
employee servant, apprentice or
workman, who may be injured or
killed shall be held to have been
guilty of eontribntory negligence, or
imputable negligence. in any cas-
where the violation by the employer
or master of any statue enacted for
the safety of employees, servants. ap-
prentices, or workmen, contributed
to the injury, or death of such en-
ployee. servant. apprentice or work
a
See. 3. In n action brought
against any employer or master I'M
der and by virtue of the provisions OF
this Act to recover damages for in
juries TO. or death of, any of his en-
ployees, servants, apprentices, or
workmen in his employment, the as
sumption, acceptance, and knowledge
of the risks. hazards. perils, defects.
and dangers, ordinary and usually in
cident to such employment. labor or
servants shall not be taken into con-
sideration by law. and shall not bar
recovery. but shall be taken into ac-
count by the jury in fixing the
amount of damages, provided, that
no such employee, servant, apprentice
or workman who may be injured or
killed, shall be held to have assumed
the risks, hazards, perils, defects, and
dangers ordinary and usually Incl
dent to such employment in any case
where the violation by the employer
or any statute enacted for the safety
of employees, workmen, servants, or
apprentices contributed to the injury
or death of such employee. servant.
apprentice or workman; and proyid-
ed further, that no such employee.
servant, apprentice, or workman shall
be deemed to have assumed any risk
incident to his employment. by rea-
son only of his having entered upon.
or continued in. the employment,
after he knew of the risk, and no
such employee. servant. apprentice or
workman shall ever be held to have
assumed any risk arising by reason
of negligence or his employer or of
anu Yaranp II, The eaaai.a 80 r,,ob -.
ployer.
Sec. 4. Any contract, agreement,
rule, regulation. device. or anything
whatever, the purpose. intent. or eff
feet of which shall be to enable any
employer or master to exempt him
self from any liability created by this
Act. or to diminish, restrict. or i'm
pair any such liability, shall to that
extent be void and of no effect; such
contract. agreement. regulation or
device shall not constitute evidence,
nor shall 1t be admitted as evidence
to show the existance of a rule. of the
employer or master. or employment
for the government or regulation OF
his or its employees, workmen, SER
wants, apprentices, or for other pur-
poses whatsoever. or to show the
knowledge of the rule, regulation,
or thing On the part of the EN-
ployee. servant. apprentice or work
man, who signed and executed the
agreement. rule, regulation, device
or thing or any part thereof or for
whom the same were signed and ex-
eeuted or made; provided, that in
any action brought against any en-
ployer or master under and by yirtue
of any of the provisions of this Act,
such employer or master may set of
therein any sum he has contributed or
paid to insurance. relief, benefit. oil
indemnity that may have been paid
to the injured employee. servant, ap-
prentice. or workman. or the person
thereto, by such insurance,
relief or benefit on account of the in
juries or death for which said action
was brought.
Sec. 5. The terms employer
and master" as used In this Act shall
include persons, partnerships, COM