Chap. 322.—An ACT imposing upon railroad corporations liability for injury to
their employees in certain cases.

Approved March 27, 1902.

1. Be it enacted by the general assembly of Virginia, That every cor-
poration operating a railroad in this State, whether such corporation be
created under the laws of this State or otherwise, shall be liable in dam-
ages for any and all injury sustained by any employee of such corpora-
tion as follows: When such injury results from the wrongful act, neglect,
or default of an agent or officer of such corporation superior to the em-
ployee injured, or of a person employed by such corporation having the
right to control or direct the services of such employee injured, or the
services of the employee by whom he is injured; and also when such in-
jury results from the wrongful act, neglect, or default of a co-emplovee
engaged in another department of labor from that of the employee in-
jured, or of a co-employee on another train of cars, or of a co-employee
who has charge of any switch, signal point, or locomotive engine, or who
is charged with dispatching trains or transmitting telegraphic or tele-
phonic orders. Knowledge by any employee injured of the defective or
unsafe character or condition of any machinery, ways, appliances, or
structures of such corporation shall not of itself be a bar to recovery for
any injury or death caused thereby. When death, whether instantaneous
or otherwisc, results from any injury to any employee of such corpora-
tion received as aforesaid, the personal representative of such employee
shall have a right of action therefor against such corporation, and may
recover damages in respect thereof. Any contract or agreement, express
or implied, made by any such employee to waive the benefit of this sec-
tion or any part thereof shall be null and void, and this section shall not
be construed to deprive any such employee, or his personal representative,
of any right or remedy to which he is now entitled under the laws of this
State.

2. The rules and principles of law as to contributory negligence, which
apply to other cases, shall apply to cases arising under this act, except in
so far as the same are herein modified or changed.

3. This act shall be in force from its passage.