Allen was killed by the explosion of the boiler of the locomotive in which he was riding. He was in the general employment of a company which manufactured an appliance which had been installed on this engine, and, for his employer’s benefit, he was observing, inspecting, and perhaps adjusting this appliance. He had executed the release contract shown in *713the margin.1 The claim of his administratrix (plaintiff in this suit) is that the signed contract is not a release from negligence, but is merely an acceptance of the status of a railroad employe. The trial court held otherwise, and directed a verdict for defendant.
If may be—we express no opinion—that there is here an acceptance of the employe status which would have some effect under some conditions, and that the language of assumption of risk would cover only those risks which do not come from negligence; but the words of release, from any and all damage or claim resulting in connection with, or arising from, Allen’s presence on the engine pursuant to the contract, are as broad as could be made. Since, whatever Ms status, there would be no liability to Mm except for negligence, tbe repeated language of release could not be operative unless it included negligence; and hence, if for no other reason, it must be thus inclusively interpreted.
If the question were otherwise open, the majority of the court thinks that it is the necessary result of Robinson v. B. & O. R. R. Co., 237 U. S. 84-90, 35 S. Ct. 491, 59 L. Ed. 849, that the agreement to observe the railroad employes’ rules does not affect the validity of the release contract, as Robinson’s release to the Pullman Company contained a similar clause; and that upon the main question involved the District Court was light. Railroad v. Voigt, 176 U. S. 498, 20 S. Ct. 385, 44 L. Ed. 560; Robinson v. Railroad, supra; Santa Fé R. R. v. Grant, 228 U. S. 177, 33 S. Ct. 474, 57 L. Ed. 787; McCree v. Davis (C. C. A. 6) 280 F. 959.
The other allegations of error we have examined, but find nothing which we think well taken.
The judgment is affirmed.