|
|
Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 284 U.S. 458, click here.
Missouri Pacific Railroad Co. v. David No. 365 Argued January 20, 1932 Decided February 15, 1932 284 U.S. 460
CERTIORARI TO THE SUPREME COURT OF MISSOURI
Syllabus
1. In actions under the Federal Employers’ Liability Act, assumption of risk is a defense. P. 462.
2. A railway company employed an experienced guard to help protect its freight trains against anticipated depredations by murderous gangs of robbers. He was fully armed and fully apprised of the danger. It also employed a member of one of the gangs to give the company advance information of projected robberies. In a raid by the gang, of which the accomplice knew beforehand, and at which he was present, but of which he did not warn the company, the guard was killed. Held that the guard, even if he knew of the company’s arrangement with the accomplice, assumed the risk that warning would not be given. P. 463.
328 Mo. 437; 41 S.W. 2d 179, reversed.
Certiorari to review a judgment affirming a recovery in an action under the Federal Employers’ Liability Act.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932) in 284 U.S. 460 284 U.S. 461. Original Sources, accessed July 31, 2025, http://originalsources.com/Document.aspx?DocID=H921VIQW791LX2V.
MLA:
U.S. Supreme Court. "Syllabus." Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932), in 284 U.S. 460, page 284 U.S. 461. Original Sources. 31 Jul. 2025. http://originalsources.com/Document.aspx?DocID=H921VIQW791LX2V.
Harvard:
U.S. Supreme Court, 'Syllabus' in Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932). cited in 1932, 284 U.S. 460, pp.284 U.S. 461. Original Sources, retrieved 31 July 2025, from http://originalsources.com/Document.aspx?DocID=H921VIQW791LX2V.
|