Wright v. Yazoo &. M. V. R.

Citations

• 197 F. 94
• 1912 U.S. Dist. LEXIS 1388

Syllabus

<p>1. Master and Servant (§ 113*) — Railroads—Negligence—Oars Not in “Olear.”</p> <p>A railroad company is negligent toward a locomotive engineer in leaving cars on a siding within striking distance of his train.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 224-227; Dec. Dig. § 113.*]</p> <p>2. Master and Servant (§§ 206, 217, 227*) — “Assumption op Risk” and “Contributory Negligence” Distinguished.</p> <p>While the doctrine of assumption of risk sometimes shades .into that of contributory negligence, there is a clear distinction between the doctrines, an employé being held to assume the risk of ordinary dangers of his occupation, and also those risks which are known to him or are so clearly observable that he may be presumed to know of them, while contributory negligence constitutes omission of an employ® to use those precautions for his own safety which ordinary prudence requires.</p> <p>[Ed. Note. — Eor other cases, see Master and Servant, Cent. Dig. §§ 550, 574-600, 668, 669, 672; Dec. Dig. §§ 206, 217, 227*</p> <p>For other definitions, see Words and Phrases, vol 1, pp. 589, 591; vol. 8, pp. 7584, 7585; vol. 2, pp. 1540-1547; vol. 8, p. 7617.]</p> <p>3. Master and Servant (§ 204*) — Railroads—Assumption op Risk.</p> <p>Under federal Employers’ Inability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1911, p. 1322]), which makes interstate common carriers liable for negligent injury to employés, and which provides that an employ® shall not be held to have assumed the risk of his employment where the employer has violated any statute enacted for the safety of employés, if the violation contributed to the injury, an employ® assumes the risks of ordinary dangers incident to bis employment, not including negligent acts of the carrier’s officers, agents, or employés or any defect or insufficiency, due to its negligence, in its cars, engines, appliances, tracks, roadbed, boats, wharves, etc., and a locomotive engineer