Chesapeake & Ohio Ry. Co. v. Kuhn, 284 U.S. 44 (1931)

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Chesapeake & Ohio Railway Co. v. Kuhn

Nos. 34 and 35

Argued October 23, 1931
Decided November 23, 1931
284 U.S. 44

CERTIORARI TO THE SUPREME COURT OF OHIO,

AND TO THE COURT OF APPEALS OF PIKE COUNTY, OHIO

Syllabus

1. The writ of certiorari properly goes to an intermediate appellate court where the supreme court of the state has declined to review its decision. P. 45.

2. In actions under the Federal Employers’ Liability Act, where the undisputed evidence sustains the defense of assumption of risk, the trial judge should direct a verdict for the defendant. P. 46.

The evidence clearly showed that an injury to plaintiff’s eye (caused by a steel chip which flew into it when a rail was being cut by sledge-hammer and cold chisel) resulted from ordinary hazards of his employment, which he fully understood and voluntarily assumed; that there was no complaint against his exposure to the obvious danger unprotected by goggles, nor any promise by his superior to mitigate it.

3. In such actions, wherever brought, the rights and obligations of the parties depend upon the federal Act and applicable principles of the common law as interpreted and applied in the federal courts; a subordinate state tribunal should follow in such cases the views of this Court, though they conflict with those of the supreme court of the state. P. 46.

Reversed.

Certiorari, 283 U.S. 815, to review a judgment sustaining a recovery under the Federal Employers’ Liability Act of damages for personal injuries. The Ohio Supreme Court refused to review the judgment. The opinion of the Court of Appeals is reported in 9 Oh.L.Abstract 378.