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PRYOR V. WILLIAMS, 254 U. S. 43 (1920)

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U.S. Supreme Court

Pryor v. Williams, 254 U.S. 43 (1920)

Pryor v. Williams

No. 26

Argued October 8, 1920

Decided November 8, 1920

254 U.S. 43


Assumption of risk is a bar to the action in a case governed by the Federal Employers' Liability Act, and does not, like contributory negligence, operate merely in reduction of damages. P. 254 U. S. 45.

In an action governed by the Federal Act where the injuries resulted from plaintiff's being furnished, and using, an obviously defective claw bar for drawing bolts, the Supreme Court of Missouri, applying a local construction of the common law, decided that, as the risk was attributable to his master's negligence, the plaintiff did not assume it, but was guilty of contributory negligence, which went only to the damages under the Federal Act. Held erroneous under repeated decisions of this Court defining the nature and effect of assumption of risk and adjudging that the Act prevails over state law. Id.

272 Mo. 613 reversed.

The case is stated in the opinion.

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