Rees v. Philadelphia & Reading Ry. Co., 239 U.S. 463 (1915)

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Rees v. Philadelphia & Reading Railway Company

No. 608

Argued December 1, 1915
Decided December 20, 1915
239 U.S. 463

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

A railroad is not to be held as guaranteeing or warranting absolute safety to its employees under all circumstances, but is bound to exercise the care which the exigency reasonably demands in furnishing proper roadbed, tracks, and other structures.

Failure to exercise such care constitutes negligence, but the mere existence of a great number of tracks close to each other in a terminal where public street are necessarily utilized is not enough to support an inference of negligence.

In this case, brought under the Employers’ Liability Act, the trial court did not err in entering a nonsuit for lack of evidence showing failure of the carrier to provide a safe place for the employ to work, although the latter was killed by striking an obstruction while leaning out from the engine which he was on.

225 F. 518 affirmed.

The facts, which involve the validity of a judgment of nonsuit in a suit for death of a railroad employee under the Employers’ Liability Act, are stated in the opinion.