Coray v. Southern Pacific Co., 335 U.S. 520 (1949)

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Coray v. Southern Pacific Co.

No. 54

Argued December 6-7, 1948
Decided January 3, 1949
335 U.S. 520

CERTIORARI TO THE SUPREME COURT OF UTAH

Syllabus

In a suit under the Federal Safety Appliance and Federal Employers’ Liability Acts to recover damages for the death of a railroad employee, the undisputed evidence established that the employee was killed when a motor-driven track car on which he was following a train crashed into the train when it stopped suddenly and unexpectedly because of a defective air-brake appliance.

Held:

1. His administrator was entitled to recover if this defective appliance was the sole or a contributory proximate cause of the employee’s death. Pp. 521-523.

2. On the evidence in this case, the jury could have found that decedent’s death resulted in whole or in part from the defective appliance, and it was error to direct a verdict for the railroad. Pp. 523-524.

___ Utah ___, 185 P.2d 963, reversed.

In a suit under the Federal Safety Appliance and Federal Employers’ Liability Acts to recover damages from a railroad for the death of an employee, a state trial court directed a verdict for the railroad. The Supreme Court of Utah affirmed. ___ Utah ___, 185 P.2d 963. This Court granted certiorari. 335 U.S. 807. Reversed and remanded, p. 524.