Ward v. Atlantic Coast Line R. Co., 362 U.S. 396 (1960)

Ward v. Atlantic Coast Line Railroad Co.

No. 485

Argued March 31, 1960
Decided April 18, 1960
362 U.S. 396

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

In this action under the Federal Employers’ Liability Act to recover from a railroad damages for injuries sustained by petitioner while working on a private siding owned by one of the railroad’s customers, the trial court erred in instructing the jury as to the factors to be considered in determining whether petitioner was an "employee" of the railroad, within the meaning of the Act, during the performance of the work; and affirmance of a judgment entered on the jury’s verdict for the railroad is reversed. Pp. 396-400.

265 F.2d 75 reversed.