Official Code of Georgia Annotated
Title 34. LABOR AND INDUSTRIAL RELATIONS · Chapter 7. EMPLOYMENT GENERALLY; EMPLOYERS LIABILITY · Article 3. EMPLOYER’S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
34-7-42. Contributory negligence of employee.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
In all actions brought against any common carrier by railroad under or by virtue of any of the provisions of this Code section, Code Section 34-7-41, 34-7-43, 34-7-44, or 34-7-46 to recover damages for personal injuries to an employee or for death of an employee where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, 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; provided, however, 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 the common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
History
Ga. L. 1909, p. 160, § 2; Civil Code 1910, § 2783; Code 1933, § 66-402.
Cross references
Effect of failure of plaintiff to avoid consequences of defendant’s negligence generally, § 51-11-7.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t34-(v26)-2017-pdf.pdf, Volume V26, 2017 edition, pages 137 to 138; merge action: carried; file SHA-256 8ee6134ad6cf.