West v. Southern Pac. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. This is an action for personal injuries, and arises out of the following state of facts: In August, 1893, the plaintiff was a brakeman on one of defendant’s freight trains running between Carlin, in the state of Nevada, and Terrace, in the state of Utah. The train was going east. At the station known as Moline there was a side track, with switcnes at the west and east ends.
Read the full summary
In Error to the Circuit Court of the United States for the District of Utah. This is an action for personal injuries, and arises out of the following state of facts: In August, 1893, the plaintiff was a brakeman on one of defendant’s freight trains running between Carlin, in the state of Nevada, and Terrace, in the state of Utah. The train was going east. At the station known as Moline there was a side track, with switcnes at the west and east ends. The rules of the company, which were printed, and with which the plaintiff was familiar, required that, in approaching such switch from the'…
1Opinion of the CourtPhilips, District Judge
The plaintiff cannot be heard to complain of any supposed neglect of the company in constructing its culverts without coverings. When he accepted service as a brakeman on this road, he knew of this condition of the culverts. For three years he continued in such service, with full knowledge of the fact, without objection. In this respect the rule “volenti non fit injuria” applies. The servant is free to accept or refuse employment on a roadway of a particular construction. If he accepts such employment, and continues therein, as in this case,, with full knowledge of the structures, without…
2Cases cited5 opinions
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Franklin v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Northern Pac. R. v. TeeterCourt of Appeals for the Eighth Circuit · 1894
- Millen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Baker v. Barber Asphalt Pav. Co.U.S. Circuit Court for the District of Western Missouri · 1899