§ 64. Injuries to employees. In all actions against a railroad\ncorporation, foreign or domestic, doing business in this state, or\nagainst a receiver thereof, for personal injury to, or death resulting\nfrom personal injury of any person, while in the employment of such\ncorporation, or receiver, arising from the negligence of such\ncorporation or receiver or of any of its or his officers or employees,\nevery employee, or his legal representatives, shall have the same rights\nand remedies for an injury, or for death, suffered by him, from the act\nor omission of such corporation or receiver or of its or his officers or\nemployees, as are now allowed by law, and, in addition to the liability\nnow existing by law, it shall be held in such actions that persons\nengaged in the service of an
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§ 64. Injuries to employees. In all actions against a railroad\ncorporation, foreign or domestic, doing business in this state, or\nagainst a receiver thereof, for personal injury to, or death resulting\nfrom personal injury of any person, while in the employment of such\ncorporation, or receiver, arising from the negligence of such\ncorporation or receiver or of any of its or his officers or employees,\nevery employee, or his legal representatives, shall have the same rights\nand remedies for an injury, or for death, suffered by him, from the act\nor omission of such corporation or receiver or of its or his officers or\nemployees, as are now allowed by law, and, in addition to the liability\nnow existing by law, it shall be held in such actions that persons\nengaged in the service of any railroad corporation, foreign or domestic,\ndoing business in this state, or in the service of a receiver thereof,\nwho are intrusted by such corporation or receiver, with the authority of\nsuperintendence, control or command of other persons in the employment\nof such corporation or receiver, or with the authority to direct or\ncontrol any other employee in the performance of the duty of such\nemployee, or who have, as a part of their duty, for the time being,\nphysical control or direction of the movement of a signal, switch,\nlocomotive engine, car, train or telegraph office, are vice-principals\nof such corporation or receiver, and are not fellow-servants of such\ninjured or deceased employee. If an employee, engaged in the service of\nany such railroad corporation, or of a receiver thereof, shall receive\nany injury by reason of any defect in the condition of the ways, works,\nmachinery, plant, tools or implements, or of any car, train, locomotive\nor attachment thereto belonging, owned or operated, or being run and\noperated by such corporation or receiver, when such defect could have\nbeen discovered by such corporation or receiver, by reasonable and\nproper care, tests or inspection, such corporation or receiver shall be\ndeemed to have had knowledge of such defect before and at the time such\ninjury is sustained; and when the fact of such defect shall be proved\nupon the trial of any action in the courts of this state, brought by\nsuch employee or his legal representatives, against any such railroad\ncorporation or receiver, on account of such injuries so received, the\nsame shall be prima facie evidence of negligence on the part of such\ncorporation or receiver. This section shall not affect actions or causes\nof action existing on May twenty-ninth, nineteen hundred and six; and no\ncontract, receipt, rule or regulation, between an employee and a\nrailroad corporation or receiver, shall exempt or limit the liability of\nsuch corporation or receiver from the provisions of this section.\n