Erie R. Co. v. Regan
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by'William E. Regan against the Erie Railroad Company for damages for personal injuries. Judgment for plaintiff, and defendant brings error.
1DissentHough, Circuit Judge
The rule is well settled that “a servant assumes extraordinary risks incident to his employment or risks caused by the master’s negligence which are obvious or fully known and appreciated by him.” Boldt v. Pennsylvania R. R., 245 U. S. 441, 38 Sup. Ct. 139, 62 L. Ed. 385. See, also, Pennsylvania Co. v. Nelson, 259 Fed. 156, 170 C. C. A. 224; McAdoo v. Anzellotti (C. C. A.) 271 Fed. 268.
There are instances, probably many, where the evidence produced leaves it a question for the jury whether the risks were or were not obvious. But, where the evidence 'is uncontradicted, it is for the court to…
2Cases cited3 opinions
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- McAdoo v. AnzellottiCourt of Appeals for the Second Circuit · 1921
- Pennsylvania R. v. NelsonCourt of Appeals for the Second Circuit · 1919