Herdman v. Pennsylvania R. Co., 352 U.S. 518 (1957)

Herdman v. Pennsylvania Railroad Co.

No. 46

Argued December 4, 1956
Decided February 25, 1957
352 U.S. 518

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

In an action under the Federal Employers’ Liability Act, brought against respondent railroad by petitioner, who was injured when a freight train on which he was a conductor made an emergency stop to avoid striking an automobile, the Federal District Court entered judgment on a directed verdict in favor of respondent. The Court of Appeals affirmed on the ground that there was a complete absence of probative facts to support the conclusion of negligence. This Court granted certiorari.

Held: a jury question of negligence (under the doctrine of res ipsa loquitur) was not presented by the proofs in this case, and the judgment is affirmed. Pp. 518-520.

228 F.2d 902, affirmed.