Cave v. Brown & McCabe, Stevedores, Inc.

The case at bar is governed by the Seamen’s Act of June 5, 1920, Chapter 250, Section 33, Vol. 41, U. S. Statutes, 988, 1007 (amending Act of March 4, 1915, Section 20, 38 Stat. 1185, 46 U. S. C. A., Section 688), which took away from the employer the defense of contributory negligence and negligence of fellow-servants, but left intact the defense of assumption of risk, and this is the only question left for decision and the only question argued on this appeal. The evidence in the case is conflicting all along the line. Under the Constitution, we are not permitted to weigh contradictory…