25-21,184. Railroad company; actions by employees against; negligence; assumption of risk.

In any action brought against a railroad or street railroad company to recover damages for personal injury to any employee, whether such injury results in death or not, the employee shall not be held to have assumed any of the risks of his employment in any case where the railroad company or its agents, servants or employees have been guilty of negligence.

Source:Laws 1913, c. 98, § 1, p. 252; R.S.1913, § 7891; C.S.1922, § 8833; C.S.1929, § 20-1150; R.S.1943, § 25-1150; R.S.1943, (1979), § 25-1150.

Annotations

Section is not applicable in action under federal employer's liability act; in such case federal law as to assumption of risk is controlling. Preble v. Union Stock Yards Co., 110 Neb. 383, 193 N.W. 910 (1923).