Section 2314 - Defenses unavailable in action for compensationIn any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so sustained, it shall not be a defense that:
(1) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of or by the negligence of a fellow employee; or(2) The employee had either expressly or impliedly assumed the risk of the injury; or(3) Injury was caused in any degree by the negligence of such employee.Code 1915, § 3193b; 29 Del. Laws, c. 233; Code 1935, § 6072; 43 Del. Laws, c. 269, § 1; 19 Del. C. 1953, § 2314; 70 Del. Laws, c. 172, § 4.;