Florida Gravel Co. v. Davis

I concur in the conclusion to reverse the judgment for the confusion pointed out in the Court's charges, but deem it important to call attention to the obvious confusion that has occurred in the minds of counsel, as well as of the court, between the doctrine of assumption of risk and that ofcontributory negligence. The distinction is most important and should never be lost sight of in making up the issues in a case of this kind. It applies especially to the fifth plea involved in this case.

Assumption of risk is a matter of contract. Contributory negligence is a matter of conduct irrespective…