Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29
[PubIished Jazz Is. 1ola.

NO. S0e 81 Published July %. 1918
CHAPTER 90. LAWS OF 1918.
AN ACT. To amend section 1916 Of the statutes re-
latns to contrbutory negligence in actions against
railroad companies for personal injuries to en-
ployea
The people Of the stats Of Wisconsin reDressnted In
Senate and Assembly. do enact as follows:
Section l. Section 1915 Of the statutes is amended
to read: Section 1916. Every railroad company shall
be liable for damages for all injuries whether re-
sultns In death or not, sustained by any Of It's
employees subject to the provisions hereinafter con
tained regarding contributory negligence and assunp
ton OF risk on the part Of the injured empoye:
~ When such INJURY is caused by a defect or
insutnciency in locomotive engine. rail-, track
roadbcd, machinery or appliance used by Its employees
in and about the business OF their employment
90 When such injury shall have been sustained
by any officer agent servant or employe OF such
company. while engaged In the line Of his duty as
such and which such injury shall have been caused
In whole in greater part by the negligence OF any
onacer. agent. servant or enploye Of Fich COMPANY
in ths discharge Of. by Of The failure to
discharge his duties as such.
t3) In all actions hereafter brought against such
railroad company under by virtue OF any OF the
provisions Of this section TO damages for per
sona injuries to any employee or where such injuries
have resulted In his death the feet that the employee
may have been guilty Of contrbutory negligence shall
not bar recovery. but the damages shall be di
minished by the Jury in proportion 10 the OF
negligence attributable to such employe.
Provided that such employee who may 30 injured
killed shall be held to have been guilty OF contrbu
tory negligence In any case where the violation by
safety Of employees contributed to the injury OF death
Of such employe.
any carrier under by virtue Of any OF the
provisions of this act TO damages for injuries
to, death Of any Of It's employees such employees
shall not be held to have assumed the risk OF his
employment In any where the violation by such
carrier Of any statutes enacted for the safety
of employees contributed to the injury or death OF
such employs.
~ ANY contract. rule regulation device what
soeVer the purposes intent Of which shall be TO
enable any railroad company to exempt itself from
any liability created by this section shall to that
extent be void
Provided that in any action brought against any
such railroad company under by virtue OK any OF
the provisions Of this section such railroad company
NAV set of therein any sum it has contributed paid
to any insurance relief benefit indemnity that may
have been paid to the Injured eploye or the person
entitled thereto account OF the injury or death for
which said action was brought.
Isl In all cases under this section the question of
negligence and contbutory negligence shall be for the
jury.
and q railroad company no rule or regulation
promulgated or adopted by such company. and no
contract rule or regulation in regard 70 any NOTICE
to be given by such employee shall exempt such
corporation from the full liability imposed by this
section
~ The phrase railroad company"
used in this section shall be taken to embrace any
company. association corporation person managing.
maintaining. operating. IN possession OF railroad
In whole or In part within lhs state whether as
owner contractor lessee mortgage. trustee, assignee
or receiver.
(S) In any action brought in the courts Of this
state by resident thereof. the representative Or
deceased resident TO reeoTer damages In accordance
with this section where the empjoye OF any ralToau
company owning operating railroad extending INTO
or through this state and INTO or through any oter
state or states shall have received his injuries IN any
other state where such railroad IS owned or operate5
and the contract Of employment shall have been made
in this state it shall not be competent for such
railroad company to plead prove the decisions or
statutes Of the state where such person shall have
been injured as defense to the action brought in
this state.
(e) The provisions OF this section shall not Apply
10 employees working In shops offices.
Section O. This act shall take effect upon passage
and publication.
Approved July IL 1913.