Note 767 — AMENDMENT 14 (continued 3)

Ownbey v. Morgan, 256 U.S. 94, 111 (1921).—Consistently, with due process, a State may provide that the doctrines of contributory negligence, assumption of risk, and fellow servant shall not bar recovery in actions brought against an employer for death or injury resulting from dangerous machinery improperly safeguarded. A person having no vested right to the defense of contributory negligence, a State may take it away altogether, or may provide that said defense, as well as that of assumption of risk, are questions of fact to be left to the jury.—Bowersock v. Smith, 243 U.S. 29, 34 (1917); Chicago, R.I. & P.R. Co. v. Cole, 251 U.S. 54, 55 (1919); Herron v. Southern P. Co., 283 U.S. 91 (1931).