Crawford v. Duluth, Missabe & Iron Range Railway Co.

Peterson, Justice.

This action was brought by the special administrator of John Lawrence Gonyea under the federal employers liability act (45 USCA, § 51, et seq.) to recover for his wrongful death, alleged to have been caused by defendant’s negligence. The defenses principally relied on were that decedent was employed at the time his death occurred by one Joseph D. Harrold, an independent contractor, to whom he had been loaned; that defendant was not guilty of negligence; and that decedent was guilty of contributory negligence and assumption of risk. Apparently assumption of risk is out of the…