Nebraska Statutes

§ 48-435 — Buildings; construction; violations; assumption of risk

Nebraska § 48-435

This text of Nebraska § 48-435 (Buildings; construction; violations; assumption of risk) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neb. Rev. Stat. § 48-435 (2026).

Text

The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment.

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Legislative History

Source: Laws 1911, c. 65, § 11, p. 296; R.S.1913, § 3612; Laws 1919, c. 190, tit. IV, art. IV, § 31, p. 567; C.S.1922, § 7712; C.S.1929, § 48-431; R.S.1943, § 48-435. Annotations: This section did not apply to plaintiff independent contractor as he was not employee of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971). Effect of 1919 amendment to this section discussed. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954). Statute, insofar as it makes liable owner of lot on which building is being erected, is constitutional. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916). Assumption of risk doctrine had no bearing in determining negligence of owner of property. Farmers Co-op Elevator Assn. v. Strand, 382 F.2d 224 (8th Cir. 1967).

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Bluebook (online)
Nebraska § 48-435, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/48-435.