Chicago & Northwestern Ry. Co. v. Gray, 237 U.S. 399 (1915)

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Chicago & Northwestern Railway Company v. Gray

No. 232

Argued April 19, 20, 1915
Decided May 3, 1915
237 U.S. 399

ERROR TO THE SUPREME COURT

OF THE STATE OF WISCONSIN

Syllabus

This Court will not express an opinion on the question of whether or not the trial court should have found that the injured employee was engaged in interstate commerce where the error, if any, did the appellant no harm.

Where the claim of defendant railroad company against whom the verdict was rendered is that the plaintiff was engaged in interstate commerce and the case should have been tried under the federal, instead of the state, statute, and the finding of the jury was warranted by the evidence, this Court will not reverse if it does not appear that the defendant’s position was worse because the state, instead of the federal, law governed the case.

Under the Wisconsin law, assumption of risk is merely a case of contributory negligence, and a finding of the jury that the plaintiff was not guilty of contributory negligence excludes the possibility that he assumed the risk.

The facts, which involve the validity of a judgment for damages for personal injuries, are stated in the opinion.