Damon Wildcat v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• warning that assumption of risk “must not, contrary to the will of Congress, be allowed recrudescence under any other label in the common law lexicon”
• stating that assumption of risk first developed in the United States to protect employers
• holding that “the employer’s liability is to be determined under the general rule which defines negligence as the lack of due care under the circumstances; or the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances of the situation”
• holding that “the employer’s liability is to be determined under the general rule which defines negligence as the lack of due care under the circumstances; or the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances of the situation”
• noting the Senate Judiciary Committee's belief that the doctrine of assumption of risk was unsuited for contemporaneous economic activities
• noting the Senate Judiciary Committee’s belief that the doctrine of assumption of risk was unsuited for contemporaneous economic activities

Source: CourtListener parenthetical corpus (CC0).