Page:United States Statutes at Large Volume 44 Part 1.djvu/1456

 :§·42 TITLE 45.-~1 in any suit or- action for damages growing out ct any matter nientioned in said report or investigation. (May 6, 1910, c. 208, §4, 36 Stat. 351.) I ._ - - 42. Form of reports.-The Interstate Commerce Qomrniseion is nuthorized to prescribe for such common carriers a method nnd- form for making the reports. hereinbefore provided. (May, 8, 1910, c. 208, § 5, 36 Stat.- 351.)` » - K 43. Term; “ interstate commerce "- and " foreign commerce ’*~_do§nd.—The term "‘ iuterstete commerce," ns. used in sections 38. 4G, shzill include transportation from any State or Territory or the] District of Qoluxnbin to any other State or Territory or the District of Columbia, and the tem; “*toreignc0n:merce," as·nsed in said sections, shall include transportation from any State or Territory or the District of Columbia to any foreign conntrynnd from nny_ foreign country ·to nny State or Territory or the District of Columbia. (May 6. 1910, c. 208, _§ 7,` 36 Stat. 351.) ‘; . · _ l · 44..Medi1s of honor for, persons _ saving lives on rail- I' S.-—Th€ President of the United States iis' authorized 'to cause to' be · prepared bronze `medals of honor, with suitable emblemntic deirices, which shall be bestowed upon any persons, who shall hereafter, by extreme during, endanger _—their_ own lives in snring, or endeavoring to save, liven from any wreck, disaster, or grave accident, or ‘in preventing or endeavoring to prevent such. wreck, disaster, or grnve accidentyupon dny railmed within the United States-engaged in interstate cornmerce: _ Provided, That no award of said mednl.shal1 he made to any person until sufficient evidence of his k1eservmg»Sua11 have been , fngnished and placed on=iile,_ under such regulations as may be prescribed by the President of the United States. (Feb: 23, 19053,- c._744,-§ 1,· 33 Stat. 743.) _ ~ » · ._ 45. Roeettes and ribbons.e·—The Bresident off the United States is authorized to issue to any person to. whom nlmedal. of honormay be nwardednnder the provisions of the‘p1*eced>·- ing section a` rosette or knot, to be worn in lieu of the medal, and ‘a ribbon to be worn with the mednl; said rosette or knot' and ribbon tobe each of a' pattern to`be.p“rescribéd  the - President of the United States: Provided, That whenever a rib-"_ bon issued under the provisions of this chapter shall have been lost, destroyed,‘ or rendered untit {01*].188 .witl1out fault or? neglect on the part. of the person `to whom it was issued, 5 new ribbon shall be issued- to such person without; charge therefor. (Feb. %, 1905, c. 744, S 2, 33-Stat. 143;) ·_ · - ‘ ,. 46. Payment of expensec.g——-The appropriations for the em Iorcement and execution of the provisionseof the Acts to pro- · ' mote the éntety of employees and travelers upon railroads-are ‘ hereby! made available for carrying out the provisions ot the two preceding sections. (Feb. 23, 1905, c. 744, §. 3, 33 Stat. 743.) Chapter · 2.-LI“ABILlTY FOR .INJUR:IES T0 EM- ‘ PLOYEES. " ;. ` 51. Iflnbillt? of common carriers by rziilroad, in interstate or foreign commerce, for injuries to employ`¤ from negligence. l 52. Carriers; in Territories oriotheripoesessions ot United States. 53. fontrinutory negligence ; diminution ot_ damages. “_ 1 54. Aeenmption ot" risks ot employment. _ y 55. Contract, rule, re¢nlnti6n,' or device exempting from liability ;_ set-M. ‘ ` 56. Actions; limitation; concurrent jurisdictlou ot courts; removfal ot case in State court. · · 57. Whneincludcd ineterm " common carrier? . 58. Duty or liability of common carriers and rights of exnploymr under other acts not impaired. _ - ' 59; Survival ot right ot action ot person lnjured. ·. · 51. Liability of common cnrrierai by railroad, in interstnte or foreign commerce, for injuries to _ employees from negligence.-———Every common `cnrrler by railroad while engaging in commerce between any of the several States or Territories, or between any ot the States and. Terrltorlu, or

autaoans 1442 §» between the District of Columbia and any of the States or_ Ter. ‘ rltories, or between the District of Columbia or anyot the States I or Territories and any torefgn nation or nations, shall be liable. E in damages to any person suffering injury while he is employed { by auch carrier in such commerce, or, ln case _ ot the dmth or {such employee, to his or her bersonal representative, for the E benefit of the aurviying widow or husbam and children o£ v such employee; and, it none, than of such employees parents; l and, it none, -. then of the next of kin dependent noon auch em- } ployee, for such injury or death resulting ur whole or 'in part L from the negligence ot any ot the omcers, agmts, or employees of such carrier, or by reason of any detect or inauhcteaey, Q due to its negligence, in its cars, engines, appliances, machinery, { track, roadbed; fworks, boats, wharvw, or other equipment. (Apr.22, 1908,‘c.`149, {·1§ Stat. &.) ,_ ·. - _ · Q 52.°Can·iers_ in Territories. or otkr  of Uutee { Statcsr-—5Every coinmm‘ carrier, by railroad in the Territories, ther, District of Columbia,. the Panama Canal Zone, or other t possessiousotthe United States shall be `llable in damagw to t any person suffering injury while he is employed by auch mr-‘ rier in any ot said jurisdictions, or, in case of tm dwth of meh l exnployee, to his or her personal `reprwentatire. for the beacnt ot the fsurvlving widow or husband and children of such em-. .ployee; and, it none, then or auch_em;§loyee’s parents; and, ifs t none, then ot the neit ot kin dependent upon meh employee; ‘ l for such injury or death' resulting in. whole or in part {rch a the negligence of any of the o@cers, agents, or_ employees of l such carrier, or by reason of anfletect or lnsuEcieney.- due to its- negligence, in its ears,. engjnes, appliances, machinery, track, “ roadbed, works.- 'boats, `yrharves, or other equipment. (Apr. 22. 1908, -c.- 149, $-2,35 Stat. 65.) .- · · ‘ ` 53. Ooutributory negligence; diminution of damagqrela all actions hereafter hrought' against any such common carrier by railroad under or_ by virtue ot any -of the prorlsloas ot mthis chapter to recover plainages for personal injuriw. toan em- ‘ ployee, or_ where such injurjles have resulted in his death, the fact that the employee may have been guilty of contributory negligence- shall not bar a recovery, ~ buts thebdamages shall be diminished by the jury ln proportion to the amount of negligence: attributable to such employee: =I¥r0·v¢ded, That no such employee 'who may be ln1ured` or killed shall be held to have been guilty-of contributory negllgenceln any  where the. violation by auch common carrier of V any statute enacted l’or the safety ·o£_ employees contributed to the injury or death ot 2 snch employee. j( Apr. 22. 190& c.· 149, { 3, 35 Stat. 66.)** _ ’ · 54. Assumption of risks, of employment.-¥-In any action brought against any common carrier under or by virtue of any ot_ the prorisions of .this· chapter to racorer dan1agea·for_ in-- yjuries to, or the death of, any of its —=en1ployees, such em-. `ployee shall not be held to hare assumed the risks of his employment in any ’case where the yiolation by sn& common carrier ot any statute enacted for the safety ot employees. con-, trihnted to the .lnjuryI or death.- of such ccmp1¤yee. (Apr. 22, 1908, c.°149, § 4, *35r·Stat. 66.}  · ·· _   _ ` . 55., Contract, rule, regulation, or device exempting; from liability; set-oE.——Any contract, rule, regulation. or- dexfice whatsoever, the purpose or latent lot which shall he to enable ‘any'common` carrier toexcmpt itselbfrom any liability created _ by? this chapter, shall tothat extent be void: Protadcd, That ° in any action brought against any suchfcommon carrier under or by virtue of any of-the provisions of this chapter, such com- ·mon carrier may set of therein any sum, it his contributed or paid to any insurance. reltetfbenedt, or indemnity that may ` have been paid to the injared employee or the person entitled thereto on account of the injury or death for which said action - was brought. (Apr, 22, 1308, c.--149, {H5, 35 Stat. 66.) Y 56. Actions; limitation; conearreat jurisdiction of courts; removal of case ln State court.-—·No· action shall be maintained