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.