Alexander F. Koshorek v. The Pennsylvania Railroad Company

I dissent from the result here reached by the majority.

It is here held that the failure of the trial judge to distinguish between the doctrine of assumption of risk and that of contributory negligence, under the factual situation obtaining, is reversible error.

It is of first importance here to remember, (1) that the jury having heard nothing about the doctrine of assumption of risk from any witness in the case, or from any pleading, document, etc., or from the court, it, accordingly, was ignorant of any consequences flowing from such doctrine; and (2) that this Court found no quarrel with the…