New York Central R. Co. v. Ambrose, 280 U.S. 486 (1930)

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New York Central R. Co. v. Ambrose

No. 73

Argued January 10, 1930
Decided February 24, 1930
280 U.S. 486

CERTIORARI TO THE CIRCUIT COURT OF HUDSON COUNTY

STATE OF NEW JERSEY

Syllabus

1. In an action under the Federal Employers’ Liability Act for a death alleged to have resulted from the negligent failure of the employer to furnish a safe place to work, the plaintiff has the burden of proving that the accident was proximately due to the negligence of the employer, and a verdict resting upon speculation and conjecture cannot be sustained. P. 489.

2. In an action under the Federal Employers’ Liability Act, a showing that the accident may have resulted from one of several causes, for some of which the defendant was responsible and for some of which it was not, is not sufficient to establish liability. P. 490.

3. Liability under the rule which requires the master to use reasonable care to furnish a safe place to work ceases when the servant is authoritatively notified that the place is unsafe and is warned to avoid it. P. 490.

Reversed.

Certiorari, 279 U.S. 833, to review a judgment of the Circuit Court of Hudson County, New Jersey, against the Railroad Company in an action under the Federal Employers’ Liability Act, which was affirmed by the Court of Errors and Appeals, by an equal division of the judges.