Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932)

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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.