Kirbo v. Southern Railway Co.

1. The ruling stated in the first headnote is considered too well settled by'the authorities to require elaboration. In addition to the. authorities cited in the headnote, the case of Seaboard Air Line Ry. v. Horton, 233 H. S. 492 (34 Sup. Ct. 639, 58 L. ed. 1062, L. R. A. 1915C, 1, Ann. Cas. 1915B, 475), as we see it, is a holding that the doctrine of assumed risk is applicable in any case of injury to a railroad employee except in those cases specifically covered by the act of Congress, and impliedly excludes the idea that there is an abrogation of the doctrine of the assumption of the risk…