Charles Evans Hughes

“ In a trial by jury in a federal court, the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law. This discharge of the judicial function as at common law is an essential factor in the process for which the Federal Constitution provides. ”

“ Where, in an action in a federal court to recover damages for personal injuries, contributory negligence or assumption of risk constitutes a defense, [2] and, by reason of the facts being undisputed and of the absence of conflicting inferences, the evidence of contributory negligence or assumption of risk is conclusive and the question is one of law, the judge has the right and duty to direct a verdict for the defendant. ”

“ Ward, supra. See, also, Longshoremen's and Harbor Workers' Compensation Act (U.S.C. tit. 33, § 905 (33 USCA § 905) ) ; Nogueira v. New York, New Haven & Hrtf ord Railroad Co., 281 U.S. 128, 131, 137, 50 S.C.t. ”