Atlantic Coast Line R. Co. v. Driggers, 279 U.S. 787 (1929)

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Atlantic Coast Line R. Co. v. Driggers

No. 225

Argued January 18, 1929
Reargued April 9, 10, 1929
Decided June 3, 1929
279 U.S. 787

CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA

Syllabus

1. In an action under the Federal Employers’ Liability Act, if it appears from the record that, under the applicable principles of law as interpreted by the federal courts, the evidence was not sufficient in kind or amount to warrant a finding that the negligence of the Railroad Company was the cause of the death, the judgment must be reversed. P. 788.

2. Upon the facts of this case, held that death of a railway switchman who stepped from the foot-board of a moving switch engine and fell or was thrown against the side of another engine drawing a passenger train on an adjacent track, was attributable solely to his own negligence and not to any negligence of the railway company. P. 792.

3. In an action for death of a railway employee under the Federal Employers’ Liability Act, if there is no support for the contention that the death was caused by the negligence of the Railway Company in any respect in which it owed a duty to the decedent, a verdict for the Company should be directed. P. 792.

51 S.C. 164 reversed.

Certiorari, 278 U.S. 587, to a judgment of the Supreme Court of South Carolina sustaining a recovery of damages by an administratrix in an action under the Federal Employers’ Liability Act.