Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903)

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Texas & Pacific Railway Company v. Behymer

No. 224

Argued March 20, April 6, 1903
Decided April 20, 1903
189 U.S. 468

ERROR TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

In an action for personal injuries sustained by a brakeman by falling from a car, where the claim was based upon negligence in stopping the car suddenly with knowledge of his position and of the slippery condition of the roof of the car and also upon the projection of a nail in the roof of the car which increased the danger and contributed to his fall, held, there was no error in the court’s declining to rule that the chance of such an accident was one of the risks assumed by the plaintiff, or that the question whether the defendant was liable depended on whether the freight train was handled in the usual and ordinary way. It was proper for the court to leave it to the jury to say whether the train was handled with due care.

The case is stated in the opinion of the court.