North Dakota Code § 49-16-03

Contributory negligence not bar to recovery
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In all actions brought against a railroad corporation under or by virtue of any of the 
provisions of this chapter to recover damages for personal injuries to, or the death of, any 
employee, the fact that the employee had been guilty of contributory negligence shall not bar a 
recovery, but the damages shall be diminished by the jury in proportion to the amount of 
negligence attributed to such employee. 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 such 
railroad corporation of any state or federal statute, enacted for the safety of employees, 
contributed to the injury or death of such employee.

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