45 U.S.C. § 7

[Considerations affecting award; enforcement.]

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“(a) In making any award under this joint resolution the arbitration board established under section 2 shall give due consideration to the effect of the proposed award upon adequate and safe transportation service to the public and upon the interests of the carrier and employees affected, giving due consideration to the narrowing of the areas of disagreement which has been accomplished in bargaining and mediation.“(b) The obligations imposed by this joint resolution, upon suit by the Attorney General, shall be enforcible through such orders as may be necessary by any court of the United States having jurisdiction of any of the parties.

Notes of Decisions

Cited in 5 cases, 1929–1983 · leading case: Kernan v. Am. Dredging Co., 355 U.S. 426 (1958).

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Kernan v. Am. Dredging Co., 355 U.S. 426 (1958). · cites it 2× “532 , 45 U. S. C. § 7 ; 36 Stat. 299 , 45 U. S.”

United Transp. Union v. Drew Lewis, Sec'y of Transp., 711 F.2d 233 (D.C. Cir. 1983). “Section 8 (now 45 U.S.C. § 7 ) eliminates the defense of assumption of risk for injuries resulting from equipment not in compliance with the Act.”

Sherry v. Baltimore & O. R., 30 F.2d 487 (6th Cir. 1929). “532 , 45 U. S. C. § 7 , provides that “any employee of any common carrier engaged in interstate commerce by railroad who may be injured by any locomotive, ear, or train in use contrary to the provision of this chapter shall not be deemed thereby to have assumed the risk thereby…”

Tipton v. Atchison, T. & S. F. Ry. Co., 78 F.2d 450 (9th Cir. 1935). “But the act made no provision as to the place of suit or the time within which it should be brought, or as to the right to recover, or as to those who should be the beneficiaries of recovery, in case of the death of the employee.”

Amend v. Great W. Ry. Co., 158 F. Supp. 499 (D. Colo. 1958). “” 45 U.S.C.A. § 7 “Assumption of risk by employees —Any employee of any common carrier engaged in interstate commerce by railroad who may be injured by any locomotive, car, or train in use contrary to the provision of sections 1-7 of this title shall not be deemed thereby to…”

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