Appellate Court of Illinois, 1915

Wall v. Elgin, Joliet & Eastern Railway Co.

Appellate Court of Illinois · Decided November 5, 1915 · Niehaus

196 Ill. App. 429

Opinion of the Court

Mr. Justice Niehaus

delivered the opinion of the court.

4. Master and servant, § 302a*—when switchman jumping to ground to avoid collision assumes rislc under Federal Act. In an action by a switchman under the Federal Employers’ Liability Act to recover for personal injuries sustained by jumping off a platform car to the ground, a distance of four feet, to avoid an impending collision in a railroad freight yard between such car and another car which was also being switched, held that plaintiff assumed the risk.

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