Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

is amended to read: Section 1915. Ev~
~ railroad company shall be liable for
damages for all injuries whether resulting
In death or not, sustained by any Of ita
employees, subject TO the provisions here
matter contained regarding contributory
negligence and assumption of risk on the
part Of the injured employee:
% When such injury is caused by q
defect or insufficiency In any locomotive.
engine, car, rail, track, roadbed, machIr-
cry or appliance used by its employees in
and about the business OF their employ
ment.
CD When such injury shall have been
sustained by any officer, agent, servant
Or employee of such company, while en-
gagged In the line of his duty as such and
which such injury shall have been caused
In whole or in greater part by the neg
ligence of any other officer, agent SER
want or employe Of such company, in the
discharge of, or by reason of the failure
to discharge his duties as such.
60 In all actions hereafter brought
against such railroad company under or
by virtue of any of the provisions of this
section to recover damages for personal
Injuries to any employ, or where such
injuries have resulted in his death, the
fact that the employee may have been
guilty OF contributory negligence shall
not bear recovery, but the damages
shall be diminished by the jury in pro-
portion to. the amount of negligence
attributable to such employee.
Provided, that no. such employee who
may be injured or killed shall be held
TO have been guilty of contrbutory neg
lgence IN any case where the violation
by such railroad company of any stat
utes enacted for the safety Of employees
contributed to the injury or death of such
employee.
Provided further that In any action
brought against any common carrier I'M
der or by virtue of any of the provisions
OF this act to recover damages for in
juries to, or death Of, any of it's en-
ployes such employee shall not be held
to have assumed the risk of his employ
nent in any case where the violation by
such common carrier Of any statutes
enacted for the safety of employees con-
trlbuted to the injury or death of such
empioye:
(Q Any contract, rule, regulation or
device whatsoever, the purpose or intent
of which shall be to enable railroad
company to exempt itself from any la
bility created by this section shall to that
extent be void:
Provided, that in any action brought
against any such railroad company under
or by virtue Of any of the provisions Of
this section such railroad company may
set off therein any sum it has contrib
uted or paid to any insurance, relief.
benefit or indemnity that may have been
paid to the injured employe or the per-
son entitled thereto on account of, the in
jury or death for which said action was
brought.
(5) In all cases under this section the
question OF negligence and contributory
negligence shall be for the jury
CO. No contract or receipt between
any employee and railroad company, no
rule or regulation promulgated or adopt
ed by such company, and no contract,
rule or regulation in regard to any no.
tlce to be given by such employee shall
exempt such corporation from the full
liability imposed by this section.
CD The phrase railroad company"
as used in this section, shall be
taken to embrace any company assoc
citation, corporation or person managing,
maintaining, operating or in possession Of
railroad in whole or in part within this
state whether as owner, contractor,
lessee, MORTGAGE, trustee, assignee or
receiver.
go In any action brought in the courts
of this state by a resident thereof, or the
representative of q deceased resident, to
recover damages in accordance with this
section, where the employee of any rail-
road company owning or operating a
railroad extending into or through this
state and into or through any other state
or states shall have received his injuries
in any other state where such railroad is
owned or operated, and the contract of
employment shall have been made in this
state, it shall not be competent for such
railroad company to plead or prove the
decisions OF statutes of the state where
such person shall have been injured as
defense to the action brought in this
state.
(9) The provisions of this section shall
not apply to employees working in shops
Or Offices.
Section g. This act shall take effect
upon passage and publication.
Approved July 81, 1913. Copy Law.
No. Eli, Al Published July "a, 1913.
CHAPTER GAS. LAWS OF 1913.