Atlantic Coast Line R. Co. v. Powe, 283 U.S. 401 (1931)

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Atlantic Coast Line R. Co. v. Powe

No. 600

Argued May 1, 1931
Decided May 18, 1931
283 U.S. 401

CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA

Syllabus

1. In an action under the Employers’ Liability Act for death of a switchman, killed while on the outside of a moving car by being brought into contact with a semaphore near the track, there is no ground to charge negligence in placing the semaphore too near the track when the distance exceeds the minimum permitted by the state railroad commission, and when it does not appear that to make the place safe by increasing the distance would have been practicable for the railroad company. P. 402.

2. The question in such cases is not whether a reasonable insurance of employees against injury should be thrown upon the traveling public through the railroads, but whether the railroad is liable under the statute according to the principles of the common law regarding tort. P. 403.

3. The denial of a writ of certiorari imports no expression of opinion upon the merits of the case. Id.

159 S.E. 473, reversed.

Certiorari, 282 U.S. 836, to review a judgment affirming a judgment for the present respondent in an action under the Federal Employers’ Liability Act.