History of Social Legislation in Iowa

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Another avenue of evasion was blocked by the act providing that the risk created by defective machinery is not occupational. The law did not, however, apply to the employee whose duty it was to repair the defect nor when the danger was so ap- parent that a prudent man would not remain at the work.*"" The rule of contributory negligence was modified in 1909 in the railroading industry. If the injured employee should contribute to the accident, that fact was not to operate as a bar to recovery, b...ut the dam- ages were to be in proportion to the amount of his negligence. There could be no contributory neg- ligence on the part of the employee if his injury was the result of the neglect of the employer to provide the safety appliances prescribed by law.""^ Thus, in Iowa, the year 1912 found the fellow ser- vant rule and the doctrine of assumption of risk ab- rogated in the case of railroads, while contributory negligence was not an absolute bar to recovery. In other industries the fellow servant and contributory negligence rules remained in force, but assumption of risk applied only to employees whose duty it was to repair defects and to those who remained at work when the danger was so imminent that a reasonably prudent person would not do so.

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