219.53 CONTRIBUTORY NEGLIGENCE.
(a) An employee of a common carrier who, while performing duties and engaged in any
commerce mentioned in section
219.45, subject to the regulative provisions of sections
219.45
to
219.53, is injured or killed by reason of (1) a violation of section
219.50, (2) a structure or
obstruction erected or maintained before the passage of or in violation of sections
219.45 to
219.53, or (3) a structure or obstruction erected or maintained in closer proximity to the rails than
provided in sections
219.45 to
219.53 shall not be deemed to have assumed the resultant risk or to
have been guilty of contributory negligence although the employee continued in the employ of the
common carrier after becoming aware of the use of the permanent overhead or side structure or
obstruction mentioned in sections
219.45 to
219.53.
(b) An exercise of the permission provided for in section
219.47 is at the sole risk of the
carrier.
History: (4761) 1913 c 307 s 9; 1985 c 265 art 4 s 1