48-435 Buildings; construction; violations; assumption of risk. - Nebraska Statutes

48-435. Buildings; construction; violations; assumption of risk.The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment. SourceLaws 1911, c. 65, § 11, p. 296; R.S.1913, § 3612; Laws 1919, c. 190, tit. IV, art. IV, § 31, p. 567; C.S.1922, § 7712; C.S.1929, § 48-431; R.S.1943, § 48-435.AnnotationsThis section did not apply to plaintiff independent contractor as he was not employee of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971).Effect of 1919 amendment to this section discussed. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).Statute, insofar as it makes liable owner of lot on which building is being erected, is constitutional. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916).Assumption of risk doctrine had no bearing in determining negligence of owner of property. Farmers Co-op Elevator Assn. v. Strand, 382 F.2d 224 (8th Cir. 1967).