Chicago & Northwestern Railway Co. v. Gray

Citations

• 237 U.S. 399
• 35 S. Ct. 620
• 59 L. Ed. 1018
• 1915 U.S. LEXIS 1346

Syllabus

<p>This court will not express an opinion on the question of whether or not the trial court should have found that the injured employé was engaged in interstate commerce, where the error, if any, did the appellant no harm.</p> <p>Where the claim of defendant railroad company against whom the verdict was rendered is that the plaintiff was engaged in interstate commerce and the case should have been tried under the Federal instead of the state statute, and the finding of the jury was warranted by the evidence, this court will not reverse if it does not appear that the defendant’s position was worse because the state, instead of the Federal, law governed the case.</p> <p>Under the Wisconsin law assumption of risk is merely a case of contributory negligence, and a finding of the jury that the plaintiff was not guilty of contributory negligence excludes the possibility that he assumed the risk.</p>