Schlemmer V. Buffalo, R. & P. R. Co. - Opinion of The Court

Opinion of The Court

The court reversed the grant of nonsuit, holding that the decedent had not assumed the risk. The court held, as preliminary matters that the railway car was in the course of interstate transportation, and it was a car within the contemplation of § 2 of the Act. Thus, under § 8 of the act, the decedent could not be deemed to have assumed the risk of the injury or death. The court noted that to the extent the state court alternatively indicated that, even if assumption of risk did not apply, the decedent was guilty of contributory negligence, such statement ran afoul of the Act because the state court was merely substituting contributory negligence for assumption of risk.

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