Nebraska Revised Statute 48-435

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Chapter 48

48-435.

Buildings; construction; violations; assumption of risk.

The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment.

Source

  • Laws 1911, c. 65, § 11, p. 296;
  • R.S.1913, § 3612;
  • Laws 1919, c. 190, tit. IV, art. IV, § 31, p. 567;
  • C.S.1922, § 7712;
  • C.S.1929, § 48-431;
  • R.S.1943, § 48-435.

Annotations

  • This section did not apply to plaintiff independent contractor as he was not employee of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971).

  • Effect of 1919 amendment to this section discussed. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).

  • Statute, insofar as it makes liable owner of lot on which building is being erected, is constitutional. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916).

  • Assumption of risk doctrine had no bearing in determining negligence of owner of property. Farmers Co-op Elevator Assn. v. Strand, 382 F.2d 224 (8th Cir. 1967).