New York Laws
Article 3 - Construction, Operation and Management
64 - Injuries to Employees.

§ 64. Injuries to employees. In all actions against a railroad
corporation, foreign or domestic, doing business in this state, or
against a receiver thereof, for personal injury to, or death resulting
from personal injury of any person, while in the employment of such
corporation, or receiver, arising from the negligence of such
corporation or receiver or of any of its or his officers or employees,
every employee, or his legal representatives, shall have the same rights
and remedies for an injury, or for death, suffered by him, from the act
or omission of such corporation or receiver or of its or his officers or
employees, as are now allowed by law, and, in addition to the liability
now existing by law, it shall be held in such actions that persons
engaged in the service of any railroad corporation, foreign or domestic,
doing business in this state, or in the service of a receiver thereof,
who are intrusted by such corporation or receiver, with the authority of
superintendence, control or command of other persons in the employment
of such corporation or receiver, or with the authority to direct or
control any other employee in the performance of the duty of such
employee, or who have, as a part of their duty, for the time being,
physical control or direction of the movement of a signal, switch,
locomotive engine, car, train or telegraph office, are vice-principals
of such corporation or receiver, and are not fellow-servants of such
injured or deceased employee. If an employee, engaged in the service of
any such railroad corporation, or of a receiver thereof, shall receive
any injury by reason of any defect in the condition of the ways, works,
machinery, plant, tools or implements, or of any car, train, locomotive
or attachment thereto belonging, owned or operated, or being run and
operated by such corporation or receiver, when such defect could have
been discovered by such corporation or receiver, by reasonable and
proper care, tests or inspection, such corporation or receiver shall be
deemed to have had knowledge of such defect before and at the time such
injury is sustained; and when the fact of such defect shall be proved
upon the trial of any action in the courts of this state, brought by
such employee or his legal representatives, against any such railroad
corporation or receiver, on account of such injuries so received, the
same shall be prima facie evidence of negligence on the part of such
corporation or receiver. This section shall not affect actions or causes
of action existing on May twenty-ninth, nineteen hundred and six; and no
contract, receipt, rule or regulation, between an employee and a
railroad corporation or receiver, shall exempt or limit the liability of
such corporation or receiver from the provisions of this section.

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