Atchison, Topeka & Santa Fe Ry. Co. v. Swearingen - 239 U.S. 339 (1916)
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
Argued November 11, 1915
Decided December 13, 1916
239 U.S. 339
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.
The facts, which involve the construction and application of the Hours of Service Act, are stated in the opinion.