Blair v. Baltimore & Ohio R. Co., 323 U.S. 600 (1945)

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Blair v. Baltimore & Ohio Railroad Co.

No. 265

Argued January 2, 3, 1945
Decided January 29, 1945
323 U.S. 600

CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA

Syllabus

1. In this suit under the Federal Employers’ Liability Act to recover damages for personal injuries alleged to have resulted from negligence of the employer in failing to provide adequate equipment and sufficient competent help, and from negligence of fellow servants, the evidence was sufficient to go to the jury on the issue of negligence, and the issue should be determined by the jury, and not by the court. P. 604.

2. In determining whether there was negligence, the employer’s conduct may be viewed as a whole, especially where the several elements from which negligence might be inferred are so closely interwoven as to form a single pattern and where each imparts character to the others. P. 604.

3. Under the circumstances of this case, where the employee recognized the danger in the manner of moving heavy pipe, but was commanded to go ahead, he cannot be held to have assumed the risk. P. 605.

4. It is unnecessary in this case to consider whether the amendment of the Employers’ Liability Act which abolished the defense of assumption of risk is applicable to causes of action which arose prior to the effective date of the amendment. P. 605.

349 Pa. 436, 37 A.2d 736, reversed.

Certiorari, post, p. 688, to review a judgment which, upon appeals from orders of the trial court, denied recovery in a suit under the Federal Employers’ Liability Act.