ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

45 U.S.C. § 51Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined

submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

Railroads operating in interstate commerce must pay damages to workers hurt by the railroad's negligence. If the worker dies, the railroad pays the surviving spouse, children, parents, or dependent next of kin, in that order. Any employee who partly furthers interstate commerce counts as covered by this rule.

Every common carrier by railroad, while doing business across state lines (or between states and territories, the District of Columbia, or a foreign country) is legally responsible for injuries to any person it employs in that interstate business. If the employee dies, the railroad must pay damages to the employee's personal representative, for the benefit of: the surviving spouse and children; if there are none, the employee's parents; and if there are none, the employee's dependent next of kin. This liability applies when the injury or death comes, even partly, from the negligence of the railroad's officers, agents, or employees, or from a negligent defect or shortage in its cars, engines, machinery, track, roadbed, boats, wharves, or other equipment. Any employee whose job partly advances interstate or foreign commerce, or that directly, closely, and substantially affects that commerce, counts as employed "in such commerce" for the purposes of this chapter, and is entitled to its benefits.
the actual law source: uscode.house.gov ↗public domain

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or 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 commerce, 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 negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

Any employee of a carrier, any part of whose duties as such 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 chapter, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this chapter.

Source credit: (Apr. 22, 1908, ch. 149, § 1, 35 Stat. 65; Aug. 11, 1939, ch. 685, § 1, 53 Stat. 1404.)

history & why it existsrecord from the source credit
  • 1908Enacted · Act of Apr. 22, 1908, ch. 149 · 35 Stat. 65
  • 1939Amended · Act of Aug. 11, 1939, ch. 685 · 53 Stat. 1404

A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1908-04-22.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case