Reed v. Director General of Railroads, 258 U.S. 92 (1922)

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Reed v. Director General of Railroads


No. 78


Argued January 13, 1922
Decided February 27, 1922
258 U.S. 92

CERTIORARI TO THE SUPREME COURT
OF THE STATE OF PENNSYLVANIA

Syllabus

In actions under the Federal Employers’ Liability Act, the doctrine of assumption of risk has no application when the negligence of a fellow servant which the injured party could not have foreseen is the sole, direct and immediate cause of the injury. P. 95.

267 Pa.St. 86 reversed.

Certiorari to a judgment of the Supreme Court of Pennsylvania reversing a judgment for the plaintiff, the present petitioner, in an action under the Federal Employers’ Liability Act, and directing entry of judgment for the respondent non obstante veredicto.