State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-423

48-423. Violations; assumption of risk.The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risks of such employment. SourceLaws 1919, c. 190, tit. IV, art. IV, § 19, p. 562; C.S.1922, § 7700; C.S.1929, § 48-419; R.S.1943, § 48-423. Cross ReferencesActions against railroad or street railway company, employee shall not be held to have assumed risk where company or its agents, servants, or employees have been guilty of negligence, see section 25-21,184. AnnotationsApplicability of act is limited to operator. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).Employee assumes risk arising from lead poisoning, where adequate warning and instructions to prevent injury are given. Grant Storage Battery Co. v. DeLay, 87 F.2d 726 (8th Cir. 1937).