Atlantic Coast Line R. Co. v. Southwell, 275 U.S. 64 (1927)

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Atlantic Coast Line R. Co. v. Southwell

No. 41

Argued October 18, 1927
Decided October 31, 1927
275 U.S. 64

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

Assuming that railroad company could be held liable under the Federal Employers Liability Act for the willful killing of one of its employees by another if it resulted from the negligent failure of their superior officer to foresee the danger and prevent it, the charge of such negligence is not borne out by the evidence in this case. P. 65.

191 N.C. 153 reversed.

Certiorari 271 U.S. 654, to a judgment of the Supreme Court of North Carolina sustaining a recovery by the widow and administratrix of a deceased employee from the railroad in an action based on the Federal Employers Liability Act.