§ 8-9-5-5 — Exempt operations; negligence of employees; tort liability

Nothing in this chapter shall be construed as
applying to the running or operating of engines in taking engines to or
from trains at division terminals by engine hostlers, or the shifting of
cars or making up trains, or doing any work appurtenant thereto to any
engine-houses, train or freight yards by switchman or yardman, or in
the case of the disability of a qualified engineer or conductor while out
on the road between division terminals, or in case of strike, where such
companies can not obtain employees mentioned in this chapter who
have the qualifications prescribed by the provisions thereof, than such
companies may employ temporary firemen, engineers and conductors
who have not the qualifications prescribed by this chapter, but no such
employment shall continue longer than such companies can supply
their respective places with employees who have the qualifications
prescribed by this chapter. And, provided further, That nothing herein
contained shall relieve any such companies from the negligence of any
of its employees.
Formerly: Acts 1913, c.43, s.5; Acts 1975, P.L.34,
SEC.4.