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

Name: Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932) - Syllabus
Author: U.S. Supreme Court

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:

Related Resources

None available for this document.

Download Options

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

Select an option:

*Note: A download may not start for up to 60 seconds.

Email Options

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

Select an option:

Email addres:

*Note: It may take up to 60 seconds for for the email to be generated.

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 April 16, 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. 16 Apr. 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 16 April 2025, from http://originalsources.com/Document.aspx?DocID=H921VIQW791LX2V.