§ 34-7-42 - Contributory negligence of employee
               	 		
O.C.G.A.    34-7-42   (2010)
   34-7-42.    Contributory negligence of employee 
      In  all actions brought against any common carrier by railroad under or by  virtue of any of the provisions of this Code section, Code Section  34-7-41, 34-7-43, 34-7-44, or 34-7-46 to recover damages for personal  injuries to an employee or for death of an employee where such injuries  have resulted in death, the fact that the employee may have been guilty  of contributory negligence, not amounting to a failure to exercise  ordinary care, shall not bar a recovery; but the damages shall be  diminished by the jury in proportion to the amount of negligence  attributable to such employee; provided, however, that no such employee  who may be injured or killed shall be held to have been guilty of  contributory negligence in any case where the violation by the common  carrier of any statute enacted for the safety of employees contributed  to the injury or death of such employee.