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Owens v. Union Pac. R. Co., 319 U.S. 715 (1943)
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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.
Owens v. Union Pac. R. Co., 319 U.S. 715 (1943)
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Owens v. Union Pacific Railroad Co. No. 580 Argued April 7, 1943 Decided June 14, 1943 319 U.S. 715
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Upon the facts of this case under the Federal Employers’ Liability Act, it cannot be said that, as a matter of law, there was an assumption of risk by the decedent; his conduct amounted, at most, to contributory negligence, which may reduce the damages but does not bar recovery. P. 724.
2. It is unnecessary in this case to determine whether the 1939 amendment of the Federal Employers’ Liability Act, abolishing the defense of assumption of risk, applies where the accident occurred before, but the suit is brought after, that enactment. P. 725.
129 F.2d 1013 reversed.
Certiorari, 317 U.S. 623, to review the reversal of a judgment for the plaintiff in an action under the Federal Employers’ Liability Act.
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Chicago: U.S. Supreme Court, "Syllabus," Owens v. Union Pac. R. Co., 319 U.S. 715 (1943) in 319 U.S. 715 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HIFDEM9IMV9FYV5.
MLA: U.S. Supreme Court. "Syllabus." Owens v. Union Pac. R. Co., 319 U.S. 715 (1943), in 319 U.S. 715, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HIFDEM9IMV9FYV5.
Harvard: U.S. Supreme Court, 'Syllabus' in Owens v. Union Pac. R. Co., 319 U.S. 715 (1943). cited in 1943, 319 U.S. 715. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HIFDEM9IMV9FYV5.
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