Seaboard Air Line Railway v. Lorick, 243 U.S. 572 (1917)

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Seaboard Air Line Railway v. Lorick

No. 762

Argued April 10, 1917
Decided April 23, 1917
243 U.S. 572

ERROR TO THE SUPREME COURT

OF THE STATE OF SOUTH CAROLINA

Syllabus

In an action in a state court under the Federal Employers’ Liability Act, it was in evidence that the employee, in the line of his duty, was injured in an effort to raise a coupler without the aid of a jack; that a jack was the proper appliance for such work; that he had requested one of his superior repeatedly on former like occasions, and that it had been promised him a few weeks before the accident. The court below having affirmed the action of the trial court in refusing to direct a verdict for defendant upon the grounds of assumption of risk and absence of negligence, held that there was no clear and palpable error such as would justify this Court in disturbing the verdict for the plaintiff. Baltimore & Ohio R. Co. v. Whitacre, 242 U.S. 169, 171.

The case is stated in the opinion.