§ 53. Contributory negligence; diminution of damages

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1908

   Pub. L. 60–149 § 3 · 35 Stat. 65

   Enacted · 45 U.S.C. § 53

   (Apr. 22, 1908, ch. 149, § 3, 35 Stat. 66.)

   Source evidence

   Code source credit
   (Apr. 22, 1908, ch. 149, § 3, 35 Stat. 66.)

   Enacted provision · exact public law section
   Sec. 3. That in all actions hereafter brought against any such common Contributory negligence of employee no bar to recovery. carrier by railroad under or by virtue of any of the provisions of this Act to recover damages for personal injuries to an employee, or where 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 Diminished damages. Proviso. Exception. the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

1 of 1 references resolved to an enrolled provision