In any action brought against a common carrier by railroad under KRS 277.310 to recover
damages for injury to or death of any employee, the employee shall not be held to have
assumed the risk of his employment nor to have been guilty of contributory negligence in
any case where the violation by the carrier of any state or federal statute enacted for the
safety of employees contributed to the injury or death of the employee. In a case where a
safety statute has not been violated, the fact that the employee was guilty of contributory
negligence shall not bar a recovery, but the damages shall be diminished by the jury in
proportion to the amount of negligence attributable to the employee.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 820b-2, 820b-3.
Notes of Decisions
Cited in
3
cases, 1945–1984 · leading case:
Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984).
Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984).
· cites it 4× “320 which provides that contributory negligence is a defense to a product liability action; and (3) KRS 277.320 which adopts comparative negligence as the rule for railroad employees in actions against their employers, extending the same provision as found in the Federal…”
Louisville N. R. Co. v. Chapman's Adm'x, 190 S.W.2d 542 (Ky. Ct. App. 1945).
· cites it 4× “If, however, such negligence on its part contributes to the accident, then it becomes liable even though its negligence may not be the sole proximate cause of the accident — the extent or degree of such liability being fixed by the last sentence in section 277.320. In fine,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.