Stinson v. Atlantic Coast Line R. Co., 355 U.S. 62 (1957)

Stinson v. Atlantic Coast Line Railroad Co.

No. 442

Decided November 18, 1957
355 U.S. 62

ON PETITION FOR WRIT OF CERTIORARI TO THE

SUPREME COURT OF ALABAMA

Syllabus

In this case arising under the Federal Employers’ Liability Act, certiorari granted; judgment reversed, and cause remanded for consideration of any grounds not disposed of on the first appeal and, if none has merit, with instructions to reinstate the judgment awarding damages to petitioner.

(a) This Court agrees with the finding of the Supreme Court of Alabama that there was sufficient evidence for the jury to find that there was negligence on the part of respondent railroad.

(b) The evidence also presented a jury question whether the employee’s death resulted in whole or in part from such negligence.

Reported below: 266 Ala. 244, 96 So.2d 305.