88(1)A worker shall be deemed not to have undertaken the risks due to the negligence of his fellow workers, and contributory negligence on the part of a worker shall not hereafter be a bar to recovery by him or by any person entitled to damages under the Fatal Accidents Act, in an action for the recovery of damages for an injury sustained by, or causing the death of the worker while in the service of his employer, for which the employer would otherwise have been liable.

88(2)Contributory negligence on the part of the worker shall be taken into account in assessing the damages in any such action.

88(3)In actions tried by a judge with a jury, the jury shall assess the damages sustained and the deduction to be made therefrom because of contributory negligence, separately.

88(4)The Court of Appeal may review such deduction upon the evidence, drawing such inferences therefrom as a judge sitting without a jury might do, and increase or decrease the amount of such deduction.

88(1)A worker shall be deemed not to have undertaken the risks due to the negligence of his fellow workers, and contributory negligence on the part of a worker shall not hereafter be a bar to recovery by him or by any person entitled to damages under the Fatal Accidents Act, in an action for the recovery of damages for an injury sustained by, or causing the death of the worker while in the service of his employer, for which the employer would otherwise have been liable.

88(2)Contributory negligence on the part of the worker shall be taken into account in assessing the damages in any such action.

88(3)In actions tried by a judge with a jury, the jury shall assess the damages sustained and the deduction to be made therefrom because of contributory negligence, separately.

88(4)The Court of Appeal may review such deduction upon the evidence, drawing such inferences therefrom as a judge sitting without a jury might do, and increase or decrease the amount of such deduction.