Yazoo & Mississippi Valley Railroad v. Wright
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the validity of a judgment for damages obtained by the administratrix of an employé of a railroad company under the Employers’ Liability Act, are stated in the opinion. As this case involves no violation of any safety appliance act, the defense of assumption of risk is open as at common law.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the validity of a judgment for damages obtained by the administratrix of an employé of a railroad company under the Employers’ Liability Act, are stated in the opinion. As this case involves no violation of any safety appliance act, the defense of assumption of risk is open as at common law. Seaboard Air Line v. Horton, 233 U. S. 492; Southern-Ry. v. Crockett, 234 U. S. 725. The defense of assumption of risk was duly set up in both courts below and in the assignments of error in this court. Among the rules…
1Opinion of the Court
Memorandum opinion by direction of the court, by
Mr. Chief Justice White.
While this second appeal rest's on the Employers’ Liability Act, there is no contention as to its meaning (207 Fed. Rep. 281); hence we need only determine whether plain error was committed in relation to the principles of general law involved. 1
Error in holding that the facts afforded no ground for the application of the doctrine of assumption of the risk is the sole contention pressed in argument. A freight train of which the deceased was engineer, proceeding southward on a lead track, approached or was traversing a…
2Cases cited11 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Masters v. New York Central Rd.Ohio Supreme Court · 1947
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1916
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Chesapeake & Ohio Railway v. MeadowsSupreme Court of Virginia · 1916
23 more not listed; retrieve them via the Exa API.