Atchison, Topeka & Santa Fe Ry. Co. v. Swearingen
239 U.S. 339 (1916)

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U.S. Supreme Court

Atchison, Topeka & Santa Fe Ry. Co. v. Swearingen, 239 U.S. 339 (1915)

Atchison, Topeka & Santa Fe

Railway Company v. Swearingen

No. 74

Argued November 11, 1915

Decided December 13, 1916

239 U.S. 339

Syllabus

Under the Employes' Liability Act of 1908, a breach of the Hours of Service Act on the part of the carrier does not operate to deprive it of the defenses of contributory negligence and assumption of risk unless the breach contributed to the injury.

Page 239 U. S. 340

The facts, which involve the construction and application of the Hours of Service Act, are stated in the opinion.

Page 239 U. S. 342

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