44-1402. EMPLOYEE’S KNOWLEDGE OF DEFECT OR NEGLIGENCE — WHEN EMPLOYER EXCUSED THEREBY. The master or employer shall not be liable under any of the provisions of section 44-1401 if the servant or employee knew of the defect or negligence causing the injury, or by the exercise of reasonable care could have known of the defect or negligence causing the injury and failed within a reasonable time to give notice thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer who had entrusted to him some general superintendence, unless the master or such superior already knew of such defect or negligence.
History:
[(44-1402) 1909, p. 34, 2d par. of sec. 1; I.C.A., sec. 43-2002.]