Lillie v. Thompson, 332 U.S. 459 (1947)

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Lillie v. Thompson

No. 206

Decided November 24, 1947
332 U.S. 459

PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

A complaint under the Federal Employers’ Liability Act alleged that the hours, location and circumstances of the complainant’s work created a likelihood that she would suffer injuries through the criminal acts of a person not an employee, that the railroad failed to exercise its duty of taking reasonable measures to protect her against the foreseeable danger, and that she suffered injuries as a result of the railroad’s failure to take such measures.

Held:

1. The complaint stated a cause of action under the Act. Pp. 460-461.

2. That the danger was from criminal misconduct by an outsider is irrelevant. If that danger was foreseeable, the railroad had a duty to make reasonable provision against it. Pp. 461-462.

162 F.2d 716, reversed.

Petitioner’s suit against a railroad for damages under the Federal Employers’ Liability Act was dismissed by the District Court for failure to state a cause of action. The Circuit Court of Appeals affirmed. 162 F.2d 716. This Court grants a petition for certiorari, reverses the judgment, and remands the case to the District Court, p. 462.