Indiana Code § 22-3-9-7

Assumption of risk; negligence; contributory negligence; questions of fact
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Sec. 7. All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such questions shall be questions of fact for the court. Formerly: Acts 1911, c.88, s.7.

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