Francis et al. v. Southern Pacific Co. (333 U.S. 445)
U.S. Supreme Court · decided March 15, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 445 · 68 S. Ct. 611
- Decided
- March 15, 1948
- Term
- October Term 1947
- Vote
- 6–3
- Majority author
- Justice Douglas
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. Petitioners are the minor children of Jack R. Francis who was killed while riding as an interstate passenger on one of respondent’s trains. They brought this suit, acting through their general guardians, to recover damages on account of his death. Jurisdiction in the federal court was founded on diversity of citizenship. The trial judge submitted to the jury only the question of respondent’s wanton negligence. The error alleged is his refusal to submit to the jury the issue of ordinary negligence. The jury returned a verdict for respondent. The Circuit Court of Appeals affirmed. 162 F.2d 813. The Circuit Court of Appeals held that Utah law creates a right of action in the heirs for the wrongful death of the decedent and' that the action is distinct from any which decedent might have maintained had he survived. But the court held that the action is maintainable only where the decedent could have recovered damages for his injury if death had not ensued. In this case the decedent, an employee of respondent, was riding on a free pass not in connection with any duties he had as an employee but as a passenger only. The Circuit Court of Appeals therefore held as a matter of federal law that respondent would not have been liable to decedent for damages caused by ordinary negligence, relying on Northern Pacific R. Co. v. Adams,…
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