Harrison v. Missouri Pacific R. Co., 372 U.S. 248 (1963)

Harrison v. Missouri Pacific Railroad Co.

No. 690

Decided February 25, 1963
372 U.S. 248

ON PETITION FOR WRIT OF CERTIORARI TO THE

SUPREME COURT OF ILLINOIS

Syllabus

Petitioner, a section foreman for a railroad, sued the railroad in a state court under the Federal Employers’ Liability Act for injuries sustained when he was assaulted by a member of his section gang whom he accused of stealing a ballast fork. A jury awarded damages to petitioner, but the trial judge set aside the verdict and granted the railroad a judgment notwithstanding the verdict. The Appellate Court affirmed.

Held: The evidence was sufficient to support the jury’s finding that the assault was foreseeable; the trial court and the Appellate Court improperly invaded the function and province of the jury; certiorari is granted; the judgment is reversed; and the case is remanded. Pp. 248-250.

Reversed.