In any action brought against any common carrier by railroad, under and by virtue of any of the provisions of Code Sections 34-7-41 and 34-7-42, to recover damages for injuries to or the death of any of its employees, the employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee.
(Ga. L. 1909, p. 160, § 3; Civil Code 1910, § 2784; Code 1933, § 66-403.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 32B Am. Jur. 2d, Federal Employers' Liability and Compensation Acts, § 6.
ALR.
- Employer's promise to remedy defect in instrumentality as affecting defense of assumption of risk or contributory negligence, 61 A.L.R. 901.
Assumption of risk of overstrain consequent upon failure of other employee to lift his share, 74 A.L.R. 157.
Construction and application of 1939 amendment of Federal Employers' Liability Act regarding assumption of risk, 143 A.L.R. 978.
Liability of railroad for injury to alighting trainman as a result of condition of track or right of way, 172 A.L.R. 594.
Liability of employer for injury to employee due to his physical unfitness for the work to which he was assigned, 175 A.L.R. 982.
Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.