Stinson v. Atl. Coast Line R.R. Co., 355 U.S. 62 (1957)
Case details
Bluebook Citation
Stinson v. Atl. Coast Line R.R. Co., 355 U.S. 62 (1957)
Full caption
STINSON, ADMINISTRATRIX, v. ATLANTIC COAST LINE RAILROAD CO.
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
Nov. 18, 1957
Opinion
Per curiam
Concurrence
Harlan (Justice) in the result
Concurrence
Supra (Justice) in the result
STINSON, ADMINISTRATRIX, v. ATLANTIC COAST LINE RAILROAD CO.
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA.
No. 442. Decided November 18, 1957.
In this case arising under the Federal Employers' Liability Act, certiorari granted; judgment reversed and cause remanded for consideration of any grounds not disposed of on the first appeal and, if none has merit, with instructions to reinstate the judgment awarding damages to petitioner.
(a) This Court agrees with the finding of the Supreme Court of Alabama that there was sufficient evidence for the jury to find that there was negligence on the part of respondent railroad.
(b) The evidence also presented a jury question whether the
employee's death resulted in whole or in part from such negligence. Reported below: 266 Ala. 244, 96 So. 2d 305.
Joseph S. Lord, I II for petitioner.
Peyton D. Bibb and Norman C. Shepard for respondent.
PER CuRIAM.
The petition for writ of certiorari is granted. The Supreme Court of Alabama held that "there was sufficient evidence for the jury to find that there was negligence on the part of the Atlantic Coast Line Railroad Company." 264 Ala. 522, 527, 88 So. 2d 189, 193. We agree. We now hold that the evidence also presented a jury question whether the employee's death resulted in whole or in part from such negligence. 35 Stat. 65, 45 U. S. C. § 51; Rogers v. Missouri Pacific R. Co., 352 U. S. 500; Schulz v. Pennsylvania R. Co., 350 U. S. 523. The judgment of the Supreme Court of Alabama is therefore reversed and the cause is remanded for consideration of any grounds not disposed of on the first appeal; and, if none has merit, with instructions to reinstate the judgment entered on the jury verdict of June 12, 1953, p. 63awarding the petitioner damages of $46,600. Urie v. Thompson, 337 U. S. 163.
For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524, MR. JUSTICE FRANKFURTER is of the view that the writ of certiorari is improvidently granted.
MR. JusTICE BURTON dissents.
MR. JUSTICE HARLAN, while believing that certiorari should be denied, considers that Rogers v. Missouri Pacific R. Co., supra, requires him to concur in the result.
*
Together with No. 519, Lambert et al. v. United States et al., also on appeal from the same court.