Owens v. Union Pac. R. Co., 319 U.S. 715 (1943)
U.S. Supreme CourtOwens v. Union Pac. R. Co., 319 U.S. 715 (1943)
Owens v. Union Pacific Railroad Co.
Argued April 7, 1943
Decided June 14, 1943
319 U.S. 715
1. Upon the facts of this case under the Federal Employers' Liability Act, it cannot be said that, as a matter of law, there was an assumption of risk by the decedent; his conduct amounted, at most, to contributory negligence, which may reduce the damages but does not bar recovery. P. 319 U. S. 724.
2. It is unnecessary in this case to determine whether the 1939 amendment of the Federal Employers' Liability Act, abolishing the defense of assumption of risk, applies where the accident occurred before, but the suit is brought after, that enactment. P. 319 U. S. 725.
129 F.2d 1013 reversed.
Certiorari, 317 U.S. 623, to review the reversal of a judgment for the plaintiff in an action under the Federal Employers' Liability Act.