81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 26 of 126
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I ...S.B. No. 1540
1 no a to recovery b the fact finder shall reduce the
2 employee's damages in proportion to the amount of contributory
3 neligece attributable to the employee.
4 bt() An employee may ot be found contributorily negligent in
5 a case in which the railroad operator's violation of a statute
6 enacted for the safety of employees contributed to the employee's
7' injury or death. (V.A.C.S. Art. 6440.)
8 Sec. 112.154. ASSUMED RISK. (a) The plea of assumed risk
9 is not available as a bar to recovery of damages in a suit brought in
10 a court in this state against a corporation, receiver, or other
11 person operating a railroad, interurban railway, or street railway
12 inl this state for the recovery of damages for the death of or
13 ;personal injury to an employee caused by the wrong or negligence of
14 the.railroad or railway operator. An employee assumes the ordinary
15 risk ;incident to the employee's employment but does not assume the
16 risk resulting from any negligence of the employee's employer,
17 regardless of whether the negligence is known to the employee.
18 (b) If in a suit described by Subsection (a) it is alleged
19 and, proven that the deceased or injured employee was negligent in
20 continuing in the service of the railroad or railway operator in
21 view of the risk, dangers, and hazards of which the employee knew or
22 mustinecessari y have known, in the ordinary performance of the
23 employee's duties, that fact does not bar the employee's recovery,
24 but:iis considered contributory negligence. If contributory
25 nligence described by this subsection proximately caused or
26 contributed to the cause of ithe death or injury, the damages
27 r coverable by the employee or the employee's heirs or
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/26/: accessed January 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.