Britton v. Wabash Railway Co.

I am not in accord with the opinion prepared by Mr. Justice Sharpe. Defendant’s motion for a directed verdict should have been granted. Recovery was had under the Federal employers’ liability act. This presents a Federal question. In actions under the Federal employers’ liability act the doctrine of assumption of risk remains as at common law, except as to fellow-servants and in case of violation of a Federal statute enacted for the safety of employees. Southern Railway Co. v. Crockett, 234 U. S. 725 (34 Sup. Ct. 897); Boldt v. Railroad Co., 245 U. S. 441 (38 Sup. Ct. 139); Chapman v.…