Missouri Pacific Railroad Co. v. DavidAnnotate this Case
284 U.S. 460 (1932)
U.S. Supreme Court
Missouri Pacific Railroad Co. v. David, 284 U.S. 460 (1932)
Missouri Pacific Railroad Co. v. David
Argued January 20, 1932
Decided February 15, 1932
284 U.S. 460
1. In actions under the Federal Employers' Liability Act, assumption of risk is a defense. P. 284 U. S. 462.
2. A railway company employed an experienced guard to help protect its freight trains against anticipated depredations by murderous gangs of robbers. He was fully armed and fully apprised of the danger. It also employed a member of one of the gangs to give the company advance information of projected robberies. In a
raid by the gang, of which the accomplice knew beforehand, and at which he was present, but of which he did not warn the company, the guard was killed. Held that the guard, even if he knew of the company's arrangement with the accomplice, assumed the risk that warning would not be given. P. 284 U. S. 463.
328 Mo. 437; 41 S.W. 2d 179, reversed.
Certiorari to review a judgment affirming a recovery in an action under the Federal Employers' Liability Act.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.