Consolidated Arizona Smelting Co. v. Egich

(Dissenting.) — The defendant demurred to the complaint upon the grounds that the Employers’ Liability Law is in conflict with the Fourteenth Amendment to the United States Constitution; also because the statute conflicts with sections 4 and 13 of article 2 of the state Constitution; also, because the Employers’ Liability Law, upon which the action is founded, violates sections 5 and 7 of article 18, state Constitution, “in that it attempts to prevent the question of contributory negligence and assumption of risk as defenses from being submitted as questions of fact at all times to the jury.”

T…