Medlin v. . Powell

Since the adoption of the amendment to the Federal Employers’ Liability Act, on 11 August, 1939, 53 Stat., 1404, 45 U. S. C. A. 54, the doctrine of assumption of risk is no longer a defense in actions arising under the Act, if the employee’s injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees of the defendant carrier. Tiller v. Atlantic Coast Line R. Co., 318 U. S., 54, 87 L. Ed., 610, 143 A. L. R., 967. Prior to the adoption of the above amendment, the assumption of risk as a defense had been abolished only where the negligence of the…