Assumption of risk
Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)
Definitions from Case Law
From 318 U.S. 54 - Tiller v. Atlantic Coast Line Railroad · 1943Most cited · 1,636 citing opinions
The theory that a servant is completely barred from recovery for injury resulting from his master's negligence, which legislatures have sought to eliminate in all its various forms of contributory negligence, the fellow servant rule, and assumption of risk
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A term of the contract of employment, either express or implied from the circumstances of the employment, by which the servant agrees that dangers obviously incident to the discharge of his duty shall be at the servant's risk. Assumption of risk is to be distinguished from contributory negligence in that the first rests on the law of contracts, while the latter rests on the law of torts.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
See Negligence; Masteb and Servant; Employees' Liability.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A term or condition in a contract of employment, either express or implied from the circumstances of the employment, by which the employe agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular employment shall be at his own risk. Narramore v. Railway Co., 96 Fed, 301, 37 C. C. A. 499, 48 L. R. A. 68; Faulkner v. Mining Co., 23 Utah, 437, 66 Pac. 799; Railroad Co. v. Touney, 67 Ark. 209, 54 S. W. 577, 77 Am. St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. El 715; Martin v. Railroad Co., 118 Iowa, 148, 91 N. W. 1034, 59 In R. A. 698, 96 Am. St. Rep. 371.
Defined under Assumption in Black's Law Dictionary.