56-441 - Liability for injury to employee.
§ 56-441. Liability for injury to employee.
Every corporation operating a railroad in this Commonwealth, whether suchcorporation be created under the laws of this Commonwealth or otherwise,shall be liable in damages for any and all injury sustained by any employeeof such corporation under the following circumstances:
(1) When such injury results from the wrongful act, neglect or default of anagent or officer of such corporation superior to the employee injured, or ofa person employed by such corporation having the right to control or directthe services of such employee injured, or the services of the employee bywhom he is injured; and
(2) When such injury results from the wrongful act, neglect or default of acoemployee engaged in another department of labor from that of the employeeinjured or of a coemployee (notwithstanding the fact that the party injuredhad the right to direct the services of the coemployee) in the performance ofany duty on or about the same or another train of cars, or on or about anengine, or of a coemployee who has charge of any switch, signal point orlocomotive engine, or who is charged with dispatching trains or transmittingtelegraphic or telephonic orders.
When it shall appear in the evidence at the trial of any action for damagesthat the accident occurred while the employee was working on an engine or ona car standing upon a track it shall be no defense to such action for thedefendant railroad to show that such engine or car was guarded by a deraileror a blue flag or in any other manner. Knowledge by any employee injured ofthe defective or unsafe character or condition of any machinery, ways,appliances or structures of such corporation shall not of itself be a bar torecovery for any injury or death caused thereby.
When death, whether instantaneous or otherwise, results from any injury toany employee of such corporation received as aforesaid, the personalrepresentatives of such employee shall have a right of action thereforagainst such corporation and may recover damages in respect thereof.
Any contract or agreement, express or implied, made by any such employee towaive the benefit of this section or any part thereof shall be null and void,and this section shall not be construed to deprive any such employee or hispersonal representative of any right or remedy to which he is now entitledunder the laws of this Commonwealth.
The provisions of this section shall always be so restricted in theirapplication as not to conflict with any of the provisions of the Constitutionor laws of the United States and as if necessary limitation upon theirinterpretation had been herein expressed in each case.
(1926, p. 853; Michie Code 1942, § 4019a.)