Zavitovsky v. Chicago, Milwaukee & St. Paul Railway Co.

In this case against a railroad employer for negligently, on January 2, 1913, causing the death of one of its employees not engaged in shop or office work, the learned circuit court directed a verdict for defendant. This was done apparently upon the ground that the evidence brought the case within the federal Employers’ Liability Act, and at the same time conclusively showed assumption of risk by the deceased under that act. On the date above mentioned actions against employers for such injuries might fall under the Compensation Act (sec. 2394 — 1 et seq. Stats. 1911) in the cases therein…