Baltimore & Ohio R. Co. v. Wilson,
242 U.S. 295 (1916)

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U.S. Supreme Court

Baltimore & Ohio R. Co. v. Wilson, 242 U.S. 295 (1916)

Baltimore & Ohio Railroad Company v. Wilson

No. 375

Argued December 5, 1916

Decided December 1, 1916

242 U.S. 295


Under the Employers' Liability Act, c. 149, §§ 3, 4, 35 Stat. 65, the defenses of contributory negligence and assumption of risk are eliminated when the proximate cause of the injury is physical exhaustion attributable to a violation of the Hours of Service Act, c. 2939, § 2, 34 Stat. 1416.

So held where a rest of more than the minimum period required by the latter act had intervened between the violation and the injury.

The case is stated in the opinion.

Page 242 U. S. 296

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