Where, after the effectiveness of this act, personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time:
(1) By reason of any defect in the condition of the ways, works, or machinery, connected with, or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works, or machinery, were in proper condition; or
(2) by reason of the negligence of any person in the service of the employer entrusted with the exercising of superintendence whose sole or principal duty is that of superintendence; or
(3) by reason of the negligence of any person in the service of the employer who has charge of, or physically controls, any signal switch, locomotive engine, car or train in motion, whether attached to an engine or not, upon a railroad, the employee, or, in case the injury results in death, his widow or children, or both of them, and if there be no such widow and children, then his parents (provided that said parents were dependent upon such employee for support) may maintain an action for damages against the employer, pursuant to the provisions of this chapter.
History —Mar. 1, 1902, p. 150, § 1.