Baugham v. New York, Philadelphia & Norfolk Railroad

Citations

• 241 U.S. 237
• 36 S. Ct. 592
• 60 L. Ed. 977
• 1916 U.S. LEXIS 1747

Syllabus

<p>Whether the injured employee knew of and assumed the risk of the danger resulting in his injury and death depends upon the evidence; and where, as in this case, the state courts, trial and appellate, have decided against plaintiff’s contentions and in so doing have in effect held that the conditions of assumption of risk were satisfied, this court, unless it finds such conclusion palpably erroneous, simply announces its concurrence.</p> <p>Jacobs v. Southern Railway, ante, p. 229, followed to the effect that the contention that, as a matter of law, the common-law assumption of risk is not a defense in bar of an action under the Employers’ Liability Act is untenable.</p>