Section 41 - Negligence of fellow servant, assumed risk, and contributory negligence as defenseIn any action brought to recover damages for personal injury to an employe in the course of his employment, or for death resulting from such injury, it shall not be a defense--
(a) That the injury was caused in whole or in part by the negligence of a fellow employe; or(b) That the employe had assumed the risk of the injury; or(c) That the injury was caused in any degree by the negligence of such employe, unless it be established that the injury was caused by such employe's intoxication or by his reckless indifference to danger. The burden of proving such intoxication or reckless indifference to danger shall be upon the defendant, and the question shall be one of fact to be determined by the jury.1915, June 2, P.L. 736, art. II, § 201. Reenacted 1937, June 4, P.L. 1552, No. 323, § 1; 1939, June 21, P.L. 520, No. 281, § 1.