NOTES OF RECENT CASES OF IMPORTANCE FROM THE NATIONAL REPORTER SYSTEM. Copies of the pamphlet Reporters containing full reports of any of these decisions may be secured from the West Publishing Company, St. Paul, Minnesota, at 25 cents each. In ordering, the title of the desired case should be given as well as the citation of volume and page of the Reporter in which it is printed.)
minence or remoteness, of the danger from the risk assumed. The doctrine of assumption of risk is held UNITED STATES CIRCUIT COURT OF APPEALS. to apply equally to dangers arising after the In St Louis Cordage Company v. Miller, employment is entered upon, and the sug 126 Federal Reporter 495, the doctrine of gestion that there is no consideration be assumption of risk is re-asserted in all its cause the wages are not increased with the juisline harshness and fatuous disregard of hazard, is said not to be persuasive, because the facts of everyday life. The action was the doctrine rests on the maxim, volenti non by a young woman twenty years of age, for fit injuria as well as upon contract, and be an injury to her hand from gearing which cause ordinarily contracts for times certain her employer had left uncovered in violation do not exist, and there is in fact a constantly of the requirement of 2 Rev. St. Missouri, | recurring daily offer and daily acceptance of 1899, Sec. 6433. The court below instructed the risk, and of the wages tendered to in that if the jury found that the risk from ex duce an assumption thereof. posed geering "was so grave and imminent But the method of escape from the doc that persons of ordinary prudence under trine is clearly indicated. The Missouri similar circumstances would have declined to ", Factory Act does not abolish the defense of go on with the work," then plaintiff assumed assumption of the risk, differing in this re the risk, but otherwise she did not. The court j spect from the Act of Congress, relative to speaking by Judge Sanborn says that the in automatic couplers on cars engaged in inter struction was undoubtedly inspired by state commerce. Congress in that act ex Southern Pacific Company v. Yeargin, 109 pressly provided that employés should not Federal Reporter 436, 442, 48 С. С. A. 497, be deemed to have assumed the risk arising 503, and which the court now regards as mis from non-compliance with the act, and the taken. The effect of the instruction is to Missouri Legislature had power to apply a make the defense of the assumption of risk similar provision to cases in which employers and that of contributory negligence idéntica'., failed to keep their machinery guarded. The and the majority opinion is largely taken up trouble is that the Legislature did not do so. in drawing a sharp distinction between them. In a notable dissenting opinion. Judge Assumption of risk is said to rest on two Thayer proclaims a newer and juster view. grounds, the first, the maxim, Volcnii non fit He points out that the views expressed by injuria, and the second, contract. The ven the majority may lead employers to be less erable fiction which disregards the neces careful in discharging their duties towards sitous condition of the laboring class,—that employés and less vigilant to prevent acci a servant is not compelled to begin 'or con dents. tinue to work for his master and is at liberty The case of Glenmont Lumber Company to retire from his employment at any time, is re-asserted, and the court says that as v. Roy, 126 Federal Reporter 524, is a sumption of risk is not conditioned or limited parallel case to the one just reviewed, and by the probability or improbability, im should be read in connection with it.
ASSUMPTION OK RISK. (DISTINGUISHED FROM CONTRIBUTORY NEGLIGENCE — IMMINENT DANGER.)
