Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947)
Ellis v. Union Pacific Railroad Co. No. 320 Argued January 16, 17, 1947 Decided February 3, 1947 329 U.S. 649
CERTIORARI TO THE SUPREME COURT OF NEBRASKA
Syllabus
1. In this action under the Federal Employer’ Liability Act, the evidence of the defendant’s negligence (detailed in the opinion) was sufficient to justify submission of the case to the jury, and the judgment of the appellate court setting aside a verdict for the plaintiff is reversed. Pp. 652-653.
2. The choice of conflicting version of the way the accident happened, the decision as to which witness was telling the truth, the inferences to be drawn from uncontroverted as well as controverted facts, are questions for the jury. P. 653.
3. If there is a reasonable basis in the record for concluding that there was negligence of the employer which caused the injury, it would be an invasion of the jury’s function for an appellate court to draw contrary inferences or to conclude that a different conclusion would be more reasonable. Lavender v. Kurn, 327 U.S. 645. P. 653.
147 Neb. 18, 22 N.W.2d 305, reversed.
In a suit in a Nebraska court under the Federal Employers’ Liability Act, the plaintiff obtained a judgment on a jury verdict. The Supreme Court of Nebraska reversed for insufficiency of the evidence to show negligence, and ordered the complaint dismissed. 146 Neb. 397, 19 N.W.2d 641; 147 Neb. 18, 22 N.W.2d 305. This Court granted certiorari. 329 U.S. 706. Reversed, p. 653.
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Chicago: U.S. Supreme Court, "Syllabus," Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947) in 329 U.S. 649 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YYM97DHTMQFZSY2.
MLA: U.S. Supreme Court. "Syllabus." Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947), in 329 U.S. 649, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YYM97DHTMQFZSY2.
Harvard: U.S. Supreme Court, 'Syllabus' in Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947). cited in 1947, 329 U.S. 649. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YYM97DHTMQFZSY2.
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