N.Y. Railroad Law § 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.