Tiller v. Atlantic Coast Line R. Co., 323 U.S. 574 (1945)

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Tiller v. Atlantic Coast Line Railroad Co.

No. 335

Argued January 5, 1945
Decided January 15, 1945
323 U.S. 574

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. Whether the railroad’s failure to provide the locomotive with a light on the rear, as required by rules prescribed by the Interstate Commerce Commission pursuant to the Boiler Inspection Act, proximately contributed to the death of the decedent in this case, though, if the light had been provided, it would have been obscured by the cars which the locomotive was pushing in reverse was a question for the jury. P. 578.

2. The District Court correctly charged the jury in this case that their verdict should be for the plaintiff if they found that the backup movement was unusual and unexpected, that it was made without adequate warning to the decedent, and that failure to give adequate warning was the proximate cause of the injury. P. 579.

3. In a suit against a railroad under the Federal Employers’ Liability Act for a death resulting from negligence, an amendment of the complaint alleging a violation of the Boiler Inspection Act held not barred by the three years’ limitation of the Federal Employers’ Liability Act. P. 580.

4. The claim asserted by the amended complaint arose out of the same conduct, transaction, and occurrence set forth in the original complaint; there was therefore no departure. Rule 15(c) of the Rules of Civil Procedure. P. 581.

5. The District Court properly refused to set aside the verdict for the plaintiff in this case. P. 581.

142 F.2d 718 reversed.

Certiorari, post, p. 689, to review the reversal of a judgment for the plaintiff in a suit under the Federal Employers’ Liability Act.