Chap. 444.—An ACT relating to liability of common carriers, whose
motive power is steam and engaged in intrastate commerce, for in
juries to, or death of, their employees, and provide for the pleading
thereof; provided that the provisions of this act shall not apply te
electric railways or roads that are in part electric, operated wholly
within this State. (S. B. 32.)

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
every common carrier, whose motive power is steam and en-
gaged in intrastate trade or commerce, shall be liable to any of
its employees, or ,in case of his death, to his personal representa-
tive, for all damages, but in case of death not to exceed ten
thousand dollars which may result in whole or in part from
the negligence of any of its officers, agents or employees, or by
reason of any defect or insufficiency, due to its negligence in its
cars, engines, appliances, machinery, track, road bed, ways.
works or other equipment.
1916.] ACTS OF ASSEMBLY. 763

2. That in all actions or motions hereafter brought against
any such common carrier to recover damages for personal in-
juries to any employee, or where such injuries have resulted in
his death, the fact that such employee may have been guilty of
contributory negligence shall not bar a recovery, but the dam-
ages shall be diminished by the jury in proportion to the amount
of negligence attributable to such employee; provided, that no
such employee, who may be injured or killed, shall be held to
have been guilty of contributory negligence in any case where
the violation of such common carrier of any statute enacted for
the safety of employees contributed to the injury or death of
such employee.

3. That in any action brought against any common carrier,
under or by virtue of any of the provisions of this act, to recover
damages for injuries to, or death of, any of its employees, such
employee shall not be held to have assumed the risk of his em-
ployment in any case where the violation by such common car-
rier of any statute enacted for the safety of employees contri-
buted to the injury, or death of such employee.

4. That any contract, rule, regulation, or device whatso-
ever, the purpose or intent of which shall be to enable any com-
mon carrier to exempt itself from any liability created by this
act, shall to that extent be void; provided, that in any action
brought against any such common carrier under or by virtue of
any of the provisions of this act, such common carrier may
set off therein any sum it has contributed or paid to any insur-
ance, relief benefit, or indemnity that may have been paid to
the injured employee or the person entitled thereto on account
of the injury or death for which said action was brought.

That the term “common carrier” as used in this act shall
include the receivers or other persons or corporations charged
with the duty of the management or operation of the business
of a common carrier, whose motive power is steam; but shall
not include persons, firms or corporations owning or operating
steam railroads when such railroads are primarily and chiefly
used as incidental to the operation of coal, gypsum, or iron
mines, or saw mills, nor shall it apply to any railroad owned or
operated by any county.

6. The declaration or other pleading in any such action may
2mbrace in one or more counts thereof a cause of action grow-
ing out of any act of Congress of the United States of America
for said injury or death, without being demurrable on this ac-
count and without the plaintiff being required to elect under
which statute he claims; provided that the provisions of this act
shall not apply to electric railways or roads that are in 1 part
alectric, operated wholly within this State.