Brown v. Western Railway of Alabama (338 U.S. 294)

U.S. Supreme Court · decided November 21, 1949 · Supreme Court Database (Spaeth)

Citation
338 U.S. 294 · 70 S. Ct. 105
Decided
November 21, 1949
Term
October Term 1949
Vote
6–2
Majority author
Justice Black
Issue area
Economic Activity
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Mr. Justice Black delivered the opinion of the Court. Petitioner brought this action in a Georgia state court claiming damages from the respondent railroad under the Federal Employers’ Liability Act. 45 U. S. C. § 51 et seq. Respondent filed a general demurrer to the complaint on the ground that it failed to “set forth a cause of action and is otherwise insufficient in law.” The trial court sustained the demurrer and dismissed the cause of action. The Court of Appeals affirmed, 77 Ga. App. 780, 49 S. E. 2d 833, and the Supreme Court of Georgia denied certiorari. It is agreed that under Georgia law the dismissal is a final adjudication barring recovery in any future state proceeding. The petition for certiorari here presented the question of whether the complaint did set forth a cause of action sufficient to survive a general demurrer resulting in final dismissal. Certiorari was granted because the implications of the dismissal were considered important to a correct and uniform application of the federal act in the state and federal courts. See Brady v. Southern R. Co., 320 U. S. 476. First. The Georgia Court of Appeals held that “Stripped of its details, the petition shows that the plaintiff was injured while in the performance of his duties when he stepped on a large clinker lying alongside the track in the railroad yards. . . . The mere presence of a large clinker in a…

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