23-806. Contributory negligence or assumption
of risk as question of fact; effect of comparative negligence on
damages
In actions brought under this article, the question of whether the employee was
guilty of contributory negligence or assumed the risk is a question of fact and at all
times, regardless of the state of the evidence relating thereto, shall be left to the
jury. 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.
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