James Clark McReynolds

“ Often during the months prior to April, 1923, the petitioner suffered losses through depredations by organized bands of robbers upon freight trains in and near Kansas City, Mo. It determined to make special efforts to frustrate further attacks by the culprits, and, if possible, cause their apprehension. To this end, on April 1, 1923, it employed David to act as a 'train rider' or guard for its cars. ”

“ The established rule is that in proceedings under the Federal Employers' Liability Act (45 USCA §§ 51-59) assumption of the risk is an adequate defense. Seaboard Air Line Railway v. Horton, 233 U.S. 492, 34 S.C.t. ”