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New York Railroad Law Section 64 - Injuries To Employees.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 64 - Injuries To Employees.

    § 64.  Injuries  to  employees.  In  all  actions  against a railroad
  corporation, foreign or domestic,  doing  business  in  this  state,  or
  against  a  receiver thereof, for personal injury to, or death resulting
  from personal injury of any person, while  in  the  employment  of  such
  corporation,   or   receiver,   arising  from  the  negligence  of  such
  corporation or receiver or of any of its or his officers  or  employees,
  every employee, or his legal representatives, shall have the same rights
  and  remedies for an injury, or for death, suffered by him, from the act
  or omission of such corporation or receiver or of its or his officers or
  employees, as are now allowed by law, and, in addition to the  liability
  now  existing  by  law,  it  shall  be held in such actions that persons
  engaged in the service of any railroad corporation, foreign or domestic,
  doing business in this state, or in the service of a  receiver  thereof,
  who are intrusted by such corporation or receiver, with the authority of
  superintendence,  control  or command of other persons in the employment
  of such corporation or receiver, or with  the  authority  to  direct  or
  control  any  other  employee  in  the  performance  of the duty of such
  employee, or who have, as a part of their  duty,  for  the  time  being,
  physical  control  or  direction  of  the  movement of a signal, switch,
  locomotive engine, car, train or telegraph office,  are  vice-principals
  of  such  corporation  or  receiver, and are not fellow-servants of such
  injured or deceased employee.  If an employee, engaged in the service of
  any such railroad corporation, or of a receiver thereof,  shall  receive
  any  injury by reason of any defect in the condition of the ways, works,
  machinery, plant, tools or implements, or of any car, train,  locomotive
  or  attachment  thereto  belonging,  owned or operated, or being run and
  operated by such corporation or receiver, when such  defect  could  have
  been  discovered  by  such  corporation  or  receiver, by reasonable and
  proper care, tests or inspection, such corporation or receiver shall  be
  deemed  to have had knowledge of such defect before and at the time such
  injury is sustained; and when the fact of such defect  shall  be  proved
  upon  the  trial  of  any action in the courts of this state, brought by
  such employee or his legal representatives, against  any  such  railroad
  corporation  or  receiver,  on account of such injuries so received, the
  same shall be prima facie evidence of negligence on  the  part  of  such
  corporation or receiver. This section shall not affect actions or causes
  of action existing on May twenty-ninth, nineteen hundred and six; and no
  contract,  receipt,  rule  or  regulation,  between  an  employee  and a
  railroad corporation or receiver, shall exempt or limit the liability of
  such corporation or receiver from the provisions of this section.

Last modified: August 27, 2006