Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521 (1957)

Ferguson v. Moore-McCormack Lines, Inc.


No. 59


Argued December 10, 1956
Decided February 25, 1957
352 U.S. 521

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

Petitioner, an employee on a passenger ship of respondent, was injured in the course of his employment while using a sharp butcher knife to remove ice cream from a container in which it was frozen hard. In an action under the Jones Act, under which the standard of liability is that of the Federal Employers’ Liability Act, the Federal District Court entered judgment on a jury verdict awarding damages to petitioner. The Court of Appeals reversed, holding that a motion for a directed verdict for respondent should have been granted. This Court granted certiorari.

Held: there was sufficient evidence to take to the jury the question whether respondent was negligent in failing to furnish petitioner an adequate tool with which to perform his task, and the judgment is reversed. Pp. 521-524.

228 F.2d 891 reversed.