Opinion · Supreme Court of the United States

Chicago, Rock Island & Pacific Railway Co. v. Ward

252 U.S. 18

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1920-03-01
Topic
general

Mr. Justice Day delivered the opinion of the court. Suit was brought in the Superior Court, Pottawatomie County, Oklahoma, against the Chicago, Rock Island & Pacific Railway Company and A. J. Carney to recover damages for injuries alleged to have been received by Ward while he was employed as a switchman of the railway company in its yards at Shawnee.

Citator

UpLaw has not yet analyzed Chicago, Rock Island & Pacific Railway Co. v. Ward. The absence of a flag is not a finding that it is good law.

Cited by
113 opinions

Headnotes

  1. Transportation Law — Assumption of Risk — Co-Employee Negligence Under the Federal Employers' Liability Act, a co-employee's negligence, when it is the ground of the action, stands in the same relation as the employer's negligence with respect to the defense of assumption of risk. 252 U.S. at 22
  2. Transportation Law — Assumption of Risk — Master's Negligence It is inaccurate to charge, without qualification, that a servant does not assume a risk created by the master's negligence; an employee does assume such a risk where the want of care and the resulting danger are so obvious that an ordinarily careful person under the circumstances would observe and appreciate them. 252 U.S. at 21 (citing Chesapeake & Ohio Ry. Co. v. DeAtley, 241 U.S. 310, 315)
  3. Transportation Law — Assumption of Risk — Sudden Emergency The defense of assumption of risk is inapplicable where the injury arises from a single act of negligence creating a sudden emergency, without warning to the servant or opportunity to judge of the resulting danger. 252 U.S. at 22
  4. Transportation Law — Assumption of Risk — Reliance on Usual Method of Work A switchman about to apply a brake to stop a cut of freight cars had the right to assume that the cars would be uncoupled at the proper time in the usual manner, and therefore did not assume the risk of a co-employee's negligent failure to uncouple them, where the resulting jerk threw him from the car without warning or opportunity to appreciate the danger. 252 U.S. at 22
  5. Transportation Law — Contributory Negligence Under the Federal Employers' Liability Act, contributory negligence is not a defense but goes only in mitigation of damages; accordingly, a charge that contributory negligence will prevent recovery is more favorable to the defendant than the law allows and furnishes no ground for reversing a judgment against the defendant. 252 U.S. at 23
  6. Constitutional Law — Right to Jury Trial The Seventh Amendment does not forbid a jury of fewer than twelve persons in a case under the Federal Employers' Liability Act tried in a state court. 252 U.S. at 23 (citing St. Louis & San Francisco R.R. Co. v. Brown, 241 U.S. 223)