Atchison, Topeka & Santa Fe Ry. Co. v. Toops, 281 U.S. 351 (1930)

Atchison, Topeka & Santa Fe Ry. Co. v. Toops

No. 303

Argued March 6, 7, 1930
Decided April 14, 1930
281 U.S. 351

CERTIORARI TO THE SUPREME COURT OF KANSAS

Syllabus

1. To justify recovery in an action under the federal Employers’ Liability Act, there must be evidence from which the jury could find that the negligence complained of was the cause of the injury. P. 354.

2. The jury may not be permitted to speculate as to the cause of the injury, and the case must be withdrawn from its consideration unless there is evidence from which it may reasonably be inferred that the injury was caused by the employer’s negligence. Id.

3. Evidence considered, and found insufficient to go to the jury on the question whether the death of a railroad conductor, who was run down by freight cars during a switching operation at night and in the absence of eye witnesses, was due to negligence in moving the cars without signal and without placing a light or flagman upon them. Pp. 352-355.

128 Kan. 19 reversed.

Certiorari, 280 U.S. 542, to review a judgment affirming a recovery for death in an action under the federal Employers’ Liability Act.