Baugham v. New York, P. & N. R. Co., 241 U.S. 237 (1916)

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Baugham v. New York, Philadelphia & Norfolk Railroad Company

No. 327

Argued April 27, 1916
Decided May 22, 1916
241 U.S. 237

ERROR TO THE SUPREME COURT OF APPEALS

OF THE STATE OF VIRGINIA

Syllabus

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 contention and in so doing have in effect held that the condition of assumption of risk were satisfied, this Court, unless it find such conclusion palpably erroneous, simply announces it concurrence.

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.

The facts, which involve the construction and application of the contributory negligence provisions of the Employers’ Liability Act, are stated in the opinion.