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Jacobs v. Southern Railway Co., 241 U.S. 229 (1916)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Jacobs v. Southern Railway Co., 241 U.S. 229 (1916)
Jacobs v. Southern Railway Company No. 326 Argued April 2, 1916 Decided May 22, 1916 241 U.S. 229
ERROR TO THE SUPREME COURT OF APPEALS
OF THE STATE OF VIRGINIA
Syllabus
Under § 4 of the Employers’ Liability Act, assumption of risk as a defense is abolished only where the negligence of the carrier is in violation of some statute enacted for the safety of employees; in other cases, therefore, it is retained.
An experienced employee, admittedly knowing the material conditions and presence of a pile of cinders, who attempts to board a moving engine with a vessel of water in his hand must be considered as appreciating the danger and assuming the risk although at the time he may have forgotten the existence of the cinders, and this is so even if the employer was negligent in allowing the cinders to remain. There being no violation of any safety statute, the common law defense of assumption of risk is not eliminated in such a case by the Employers’ Liability Act.
116 Va. 189 affirmed.
The facts, which involve the construction and application of the contributory negligence provisions of the Employers’ Liability Act, are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Jacobs v. Southern Railway Co., 241 U.S. 229 (1916) in 241 U.S. 229 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=PDXNU2N6XIDFWDE.
MLA:
U.S. Supreme Court. "Syllabus." Jacobs v. Southern Railway Co., 241 U.S. 229 (1916), in 241 U.S. 229, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=PDXNU2N6XIDFWDE.
Harvard:
U.S. Supreme Court, 'Syllabus' in Jacobs v. Southern Railway Co., 241 U.S. 229 (1916). cited in 1916, 241 U.S. 229. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=PDXNU2N6XIDFWDE.
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