Louisiana & Arkansas Railway Co. v. Muldrow

Kirby, J.,

(after stating* the facts). Appellant first contends that the evidence disclosed that appellee had assumed the risk, and that the court erred in not directing a verdict in its favor. It is conceded that the action was brought under the Federal Employers’ Liability Act, which it is correctly claimed did not abolish the defense of assumed risk. The evidence shows that, Avhile the men A\rere engaged in loading* the rails, four at each end thereof, the three men carrying the end of the rail with appellee turned loose without direction of the “caller” allowing all the weight of it to…