N.Y. Railroad Law Section 64
Injuries to employees

In all actions against a railroad corporation, foreign or domestic, doing business in this state, or against a receiver thereof, for personal injury to, or death resulting from personal injury of any person, while in the employment of such corporation, or receiver, arising from the negligence of such corporation or receiver or of any of its or his officers or employees, every employee, or his legal representatives, shall have the same rights and remedies for an injury, or for death, suffered by him, from the act or omission of such corporation or receiver or of its or his officers or employees, as are now allowed by law, and, in addition to the liability now existing by law, it shall be held in such actions that persons engaged in the service of any railroad corporation, foreign or domestic, doing business in this state, or in the service of a receiver thereof, who are intrusted by such corporation or receiver, with the authority of superintendence, control or command of other persons in the employment of such corporation or receiver, or with the authority to direct or control any other employee in the performance of the duty of such employee, or who have, as a part of their duty, for the time being, physical control or direction of the movement of a signal, switch, locomotive engine, car, train or telegraph office, are vice-principals of such corporation or receiver, and are not fellow-servants of such injured or deceased employee. If an employee, engaged in the service of any such railroad corporation, or of a receiver thereof, shall receive any injury by reason of any defect in the condition of the ways, works, machinery, plant, tools or implements, or of any car, train, locomotive or attachment thereto belonging, owned or operated, or being run and operated by such corporation or receiver, when such defect could have been discovered by such corporation or receiver, by reasonable and proper care, tests or inspection, such corporation or receiver shall be deemed to have had knowledge of such defect before and at the time such injury is sustained; and when the fact of such defect shall be proved upon the trial of any action in the courts of this state, brought by such employee or his legal representatives, against any such railroad corporation or receiver, on account of such injuries so received, the same shall be prima facie evidence of negligence on the part of such corporation or receiver. This section shall not affect actions or causes of action existing on May twenty-ninth, nineteen hundred and six; and no contract, receipt, rule or regulation, between an employee and a railroad corporation or receiver, shall exempt or limit the liability of such corporation or receiver from the provisions of this section.

Source: Section 64 — Injuries to employees, https://www.­nysenate.­gov/legislation/laws/RRD/64 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

50
Liability of corporation to employees of contractor 51
Weight of rail 51‑A
Clearances 52
Fences, farm crossings and cattle-guards 52‑A
Fences along road operated by electric third rail 52‑B
Fences along right of way 52‑C
Fences in Queens county 52‑D
Debris to be cleared 52‑E
Penalties for littering 53
Sign boards, flagmen and gates at crossings 53‑A
Warning signs 53‑B
Ringing bells and blowing whistles at crossings 53‑C
Obstructing farm and highway crossings 53‑D
Unlawful propulsion of a missile at railroad trains 53‑E
Unlawful interference with a railroad train 53‑F
Joint inspection of traffic-control signals interconnected with highway-rail at-grade crossing warning systems 54
Notice of starting trains 54‑A
Communication 55
Accommodation of connecting roads 56
Locomotives must stop at grade crossings 57
Rates of fare 57‑A
A steam or electric railroad corporation having a franchise from this state, operating to and from stations within a city of over a milli... 58
Excess charge when fare paid on cars 59
Penalty for excessive fare 60
Issue and use of mileage books 61
Passenger refusing to pay fare may be ejected 61‑A
Sounding of certain signals on railroad cars by unauthorized persons 62
Sleeping and parlor cars 63
Persons employed as drivers, conductors, motormen or gripmen 63‑A
Minimum crew size 64
Injuries to employees 65
Conductors and employees must wear badges 66
Checks for baggage 67
Penalties for injuries to baggage 68
Unclaimed freight and baggage 69
Minimum standards for track inspection and maintenance 70
Rights and liabilities as common carriers 71
Duties imposed 71‑A
Reflective whistle signs 72
Inspection of locomotives 73
Inspectors of locomotives 74
Care of steam locomotives 75
commissioner of transportation may approve other safeguards 76
Use of stoves or furnaces prohibited 76‑A
Motor cars and equipment 76‑B
Equipment required on motor vehicles transporting railroad employees 77
Equipment of engines 77‑A
First-aid equipment on locomotives 77‑B
Speedometers on certain locomotives 77‑C
Sanitary conditions 78
Coal jimmies and caboose cars 78‑A
Electric or battery-powered markers 79
Air-brakes 80
Couplers 81
Violation of sections seventy-seven, seventy-seven-c, seventy-eight, seventy-nine, and eighty 82
Canada thistles to be cut 83
Riding on platform 83‑A
Operation of motor vehicles, snowmobiles, recreational vehicles, and riding of animals on railroad property 83‑B
Trespass upon railroad premises 84
Corporations may establish ferries 85
Certain railroads may cease operation in winter 86
Certain railroads need not be operated beyond June, July, August and September 87
Mails 88
When railroads may designate police officers 89
New railroads across streets 90
New streets across railroads 91
Alteration or rehabilitation of existing crossing 92
Acquisition of land, right or easement in crossing 93
Repair of bridges and subways at crossings 93‑A
Maintenance and removal of highway-railroad crossing at grade 93‑B
Maintenance and removal of highway-railroad separation structures 94
Performance of work 95
Proceedings by commissioner of transportation for alteration of existing crossings 96
Proceedings to enforce orders of commissioner of transportation 97
Intercity rail passenger service 97‑A
Commuter rail service 98
Intersection of railroads 99
Application of foregoing section 100
Temporary leave granted by court to a street surface railroad 101
Consent of commissioner of transportation in certain cases 102
Ventilation of tunnels 103
Lighting of tunnels 104
Compliance with orders of commissioner of transportation 105
Enforcement 106
Penalty for violation 107
Judgment-roll 108
Approval of appliances in cities having a population of one million inhabitants or over
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 64’s source at nysenate​.gov

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