CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


CHICAGO, R.I. & PAC. RY. CO. V. WARD, 252 U. S. 18 (1920)

Subscribe to Cases that cite 252 U. S. 18 RSS feed for this section

U.S. Supreme Court

Chicago, R.I. & Pac. Ry. Co. v. Ward, 252 U.S. 18 (1920)

Chicago, Rock Island & Pacific Railway Company v. Ward

No. 198

Submitted January 28, 1920

Decided March 1, 1920

252 U.S. 18

Syllabus

The Federal Employers' Liability Act places a co-employee's negligence, when the ground of the action, in the same relation as that of the employer as regards assumption of risk. P. 252 U. S. 22.

It is inaccurate to charge without qualification that a servant does not assume a risk created by his master's negligence, the rule being otherwise where the negligence and danger are so obvious that an ordinarily careful person, under the circumstances, would observe and appreciate them. P. 252 U. S. 21.

But the defense of assumed risk is inapplicable when the injury arises from a single act of negligence creating a sudden emergency without warning to the servant or opportunity to judge of the resulting danger. P. 252 U. S. 22.

Where a switchman, when about to apply the brake to stop a "cut" of freight cars, was thrown to the ground by a jerk due to delay in uncoupling them from a propelling engine when the engine was slowed, held that he had a right to assume that they would be uncoupled at chanroblesvirtualawlibrary

Page 252 U. S. 19

the proper time, as usual, and did not assume the risk of a co-employee's negligent failure to do so. Id.

The error of a charge that contributory negligence will prevent recovery in an action under the Federal Liability Act, being favorable to defendants, does not require reversal of a judgment against them. P. 252 U. S. 23.

The Seventh Amendment does not forbid a jury of less than twelve in a case under the Federal Employers' Liability Act tried in a state court. Id. St. Louis & San Francisco R. Co. v. Brown, 241 U. S. 223.

68 Okla. ___ affirmed.

The case is stated in the opinion.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED