Anderson v. Atchison, Topeka & Santa Fe Railway Co., 333 U.S. 821 (1948)

Anderson v. Atchison, Topeka & Santa Fe Railway Co.

No. 620

Decided April 26, 1948
333 U.S. 821

ON PETITION FOR WRIT OF CERTIORARI TO THE

SUPREME COURT OF CALIFORNIA

Syllabus

In a suit against a railroad in a state court under the Federal Employers’ Liability Act to recover damages for the wrongful death of a conductor, a complaint alleging that he disappeared from a moving train in very cold weather at a time when his duty required his presence on the rear vestibule, that his absence was discovered by other trainmen, that they negligently failed to make prompt efforts to have him rescued, and that he died from the resulting exposure, held sufficient to support a judgment for plaintiff if a jury should find under appropriate instructions that the death resulted "in whole or in part" from failure of the railroad’s agents to do what "a reasonable and prudent man would ordinarily have done under the circumstances." Pp. 821-823.

31 Cal.2d 117, 187 P.2d 729, reversed.

In a suit against a railroad under the Federal Employers’ Liability Act to recover damages for the alleged wrongful death of an employee, a state court held that the allegations of the complaint, even if true, were insufficient to support a judgment for plaintiff, and entered judgment for defendant. The state supreme court affirmed. 31 Cal.2d 117, 187 P.2d 729. Certiorari granted, judgment reversed, and cause remanded, p. 823.