§ 37-9-501 — Death or injury due to negligence

Every person or corporation operating a railroad in the state
shall be liable in damages to any person suffering injury while
he is employed by the person or corporation so operating any
railroad, or, in case of the death of an employee,
instantaneously, or otherwise, to his or her personal
representative, for the benefit of the surviving widow or
husband and children of the employee; and, if none, then of the
employee's parents; and, if none, then of the next of kin
dependent upon the employee, for the injury or death resulting
in whole or in part from the negligence of any of the officers,
agents, or employees of the person or corporation so operating
the railroad in or about the handling, movement, or operation of
any train, engine, or car, on or over the railroad, or by reason
of any defect or insufficiency, due to its negligence, in its
cars, engines, appliances, machinery, track, roadbed, works, or
other equipment.