Page:United States Statutes at Large Volume 53 Part 2.djvu/928

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1404 PUBLIC LAWS-CH. 685-AUG. 11 , 1939 [53 STAT. [CHAPTER 685] AN ACT [uS.170tS To amend the Employers' Liability Act. [Public, No. 382] [PublicNo. 382 Be it enacted by the Senate and House of Representatives of the Employers' Liabil- United States of America in Congress assembled, That sections 1 and ity Act,amendments. 4 f the Act entitled "An Act relating to the liability of common carriers by railroad to their employees in certain cases", approved 35stat. 65. April 22, 1908 (35 Stat. 65; U. S. C ., title 45, sees. 51 and 54), be, 45U.. C. 51, . and they are hereby, amended to read as follows: Liability of railroad "SEC. 1. That every common carrier by railroad while engaging for injuries or death of employeesfrom negli- in commerce between any of the several States or Territories, or gence. between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such com- merce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negli- gence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. Employees entitled "Any employee of a carrier, any part of whose duties as such tobenefits employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this Act, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this Act and of an Act entitled 'An Act relating to the liability of common carriers by railroad to their employees in certain cases' (approved April 22, 1908), as the same has been or may hereafter be amended." Assumption of risks "SEC. 4. That in any action brought against any common carrier ofemployment. under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employ- ment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees of such carrier; and no employee shall be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee." 35 Stat. 66. SEC. 2. That the first sentence of section 6, of the Act entitled "An 45U.s.c. 56. Act relating to the liability of common carriers by railroad to their employees in certain cases', approved April 22, 1908 (35 Stat. 65; U. S . C., title 45, sec. 56), be, and it is hereby, amended to read as follows: Time limit for com- "SEc. 6. That no action shall be maintained under this Act unless mencingaction. commenced within three years from the day the cause of action accrued." SEC. 3. That the Act entitled "An Act relating to the liability of common carriers by railroad to their employees in certain cases", approved April 22, 1908, as amended (U. S . C ., title 45, ch. 2), be, and it is hereby, amended by adding an additional section thereto as follows: ventingt empoyees "SEC. 10. Any contract, rule, regulation, or device whatsoever, the from giving iform- purpose, intent, or effect of which shall be to prevent employees of tsio c any coon carrier froning voluntarily information to a dents, void. any common carrier from furnishing voluntarily information to a