Great Northern Railway Co. v. Leonidas, 305 U.S. 1 (1938)
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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.
Great Northern Railway Co. v. Leonidas, 305 U.S. 1 (1938)
Great Northern Railway Co. v. Leonidas No. 8 Argued October 11, 1938 Decided November 7, 1938 305 U.S. 1
CERTIORARI TO THE SUPREME COURT OF MONTANA
Syllabus
1. Section 54 of the Federal Employers’ Liability Act, providing that an employee of a common carrier shall not be held to have assumed the risks of his employment
in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee,
relates to statutes subjecting carriers in interstate commerce to particular obligations for the safety of their employees, such as the Safety Appliance Acts, not to the Federal Employers’ Liability Act itself. P. 2.
Where such violations are not involved, the defense of assumption of risk is available in actions under the Federal Employers’ Liability Act. P. 2.
2. The defense of assumption of risk is for the jury, under proper instructions, where there is evidence tending to support it. P. 3.
105 Mont. 302, 72 P.2d 1007, affirmed in part.
Certiorari, 303 U.S. 632, to review the affirmance of a judgment against the Railway Company and one of its employees in an action for personal injuries. The writ of certiorari is dismissed as to the employee for want of a properly presented federal question.
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Chicago: U.S. Supreme Court, "Syllabus," Great Northern Railway Co. v. Leonidas, 305 U.S. 1 (1938) in 305 U.S. 1 305 U.S. 2. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=QUZMX2BYUJSDF9U.
MLA: U.S. Supreme Court. "Syllabus." Great Northern Railway Co. v. Leonidas, 305 U.S. 1 (1938), in 305 U.S. 1, page 305 U.S. 2. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QUZMX2BYUJSDF9U.
Harvard: U.S. Supreme Court, 'Syllabus' in Great Northern Railway Co. v. Leonidas, 305 U.S. 1 (1938). cited in 1938, 305 U.S. 1, pp.305 U.S. 2. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=QUZMX2BYUJSDF9U.
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