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Section IX-36: Common law doctrine abrogated - Liability for acts of receivers -
Power of Legislature.
The common law doctrine of the fellow-servant, so far as it
affects the liability of the master for injuries to his servant,
resulting from the acts or omissions of any other servant or
servants of the common master, is abrogated as to every employee
of every railroad company and every street railway company or
inter-urban railway company, and of every person, firm, or
corporation engaged in mining in this State; and every such
employee shall have the same right to recover for every injury
suffered by him for the acts or omissions of any other employee
or employees of the common master that a servant would have if
such acts or omissions were those of the master himself in the
performance of a non-assignable duty; and when death, whether
instantaneous or not, results to such employee from any injury
for which he could have recovered under the above provisions, had
not death occurred, then his legal or personal representative,
surviving consort or relatives, or any trustee, curator,
committee or guardian of such consort or relatives, shall have
the same rights and remedies with respect thereto, as if death
had been caused by the negligence of the master. And every
railroad company and every street railway company or inter-urban
railway company, and every person, firm, or corporation engaged
in underground mining in this State shall be liable under this
section, for the acts of his or its receivers.
Nothing contained in this section shall restrict the power of
the Legislature to extend to the employees of any person, firm,
or corporation, the rights and remedies herein provided for.
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