In all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this article to recover damages for personal injuries to any employee or when such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence 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. But no such employee who may be injured or killed shall be held to have been guilty of contributory negligence when the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
HISTORY: 1962 Code Section 58-1232; 1952 Code Section 58-1232; 1942 Code Section 8367; 1932 Code Section 8367; Civ. C. '22 Section 4915; 1916 (29) 970.