Baltimore & Ohio R. Co. v. Wilson,
Annotate this Case
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
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.