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Call Now: 904-383-7448In any action brought against any common carrier by railroad, under and by virtue of any of the provisions of Code Sections 34-7-41 and 34-7-42, to recover damages for injuries to or the death of any of its employees, the employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee.
(Ga. L. 1909, p. 160, § 3; Civil Code 1910, § 2784; Code 1933, § 66-403.)
- Provision of former Code 1933, § 66-403 (see now O.C.G.A. § 34-7-43) which abolished the defense of the assumption of risk when there had been a violation by the common carrier of any statute enacted for the safety of the employee has reference to statutes specifically applicable to the operations and equipment of such carriers and was not intended to, and cannot properly, apply to the provisions of former Code 1933, § 66-301 (see now O.C.G.A. § 34-7-20). Southern Ry. v. Roberts, 206 F.2d 508 (5th Cir. 1953).
- Assumption of risk is a matter of knowledge of the danger and intelligent acquiescence in it, while lack of ordinary care for one's own safety, or contributory negligence, is a matter of some fault or departure from the standard of reasonable conduct. Wright v. Concrete Co., 107 Ga. App. 190, 129 S.E.2d 351 (1962).
Assumption of risk and contributory negligence may coexist, or either may exist without the other. The difference is frequently one between risks which were in fact known to the plaintiff, or so obvious that the plaintiff must be taken to have known of them, and risks which plaintiff merely might have discovered by the exercise of ordinary care. Wright v. Concrete Co., 107 Ga. App. 190, 129 S.E.2d 351 (1962).
Cited in Massee & Felton Lumber Co. v. Georgia & F. Ry., 12 Ga. App. 436, 77 S.E. 366 (1913); Atkinson v. Boggs, 16 Ga. App. 738, 86 S.E. 62 (1915).
- 32B Am. Jur. 2d, Federal Employers' Liability and Compensation Acts, § 6.
- Employer's promise to remedy defect in instrumentality as affecting defense of assumption of risk or contributory negligence, 61 A.L.R. 901.
Assumption of risk of overstrain consequent upon failure of other employee to lift his share, 74 A.L.R. 157.
Construction and application of 1939 amendment of Federal Employers' Liability Act regarding assumption of risk, 143 A.L.R. 978.
Liability of railroad for injury to alighting trainman as a result of condition of track or right of way, 172 A.L.R. 594.
Liability of employer for injury to employee due to his physical unfitness for the work to which he was assigned, 175 A.L.R. 982.
Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.
No results found for Georgia Code 34-7-43.