Legal Opinion

Kirbo v. Southern Railway Co.

Court of Appeals of Georgia

Decided February 24, 1915No. 5724PublishedCited by 6 opinions

Action for damages; from city court of Atlanta — Judge H. M. Reid. April 25, 1914.

1Opinion of the CourtWade, J.

1. Section 4 of the “Federal employer’s liability act” of April 22, 1908, provides that in any action brought against a common carrier under that act to recover for injuries to one of its servants, such employee shall not be held to have assumed the risks of his employment in any case where the violation by the carrier of any statute enacted (by Congress) for the safety of employees contributed to the injury. This section limits the abrogation of the doctrine of assumed risk in such cases to instances in which the violation of an express statutory .duty of the carrier is charged; and in an…

2Cases cited1 opinion

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914

3Cited by6 opinions

  1. Curran v. Union Stock Yards Co.Nebraska Supreme Court · 1923
  2. York v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1933
  3. Houston's Adm'x v. Seaboard Air Line RailwaySupreme Court of Virginia · 1918
  4. Atlantic Coast Line Railroad v. KennedyCourt of Appeals of Georgia · 1917
  5. Kirbo v. Southern Railway Co.Court of Appeals of Georgia · 1916

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