§ 3728. Employ of person using intoxicating liquor; penalty; damages
When a railroad corporation employs or retains in its service a conductor, engineer, brakeman, switchman, semaphore operator or other signalman, train dispatcher or telegraph operator who receives train orders, who uses intoxicating liquors as a beverage, such fact being known to the president, superintendent or any of the directors of such road, such corporation shall be fined not more than $3,000.00 nor less than $300.00. Such corporation shall also be liable for the damages which a person sustains by the employment or retention of such employee.