Jesionowski, Administratrix, v. Boston & Maine Railroad (329 U.S. 452)
U.S. Supreme Court · decided January 13, 1947 · Supreme Court Database (Spaeth)
- Citation
- 329 U.S. 452 · 67 S. Ct. 401
- Decided
- January 13, 1947
- Term
- October Term 1946
- Vote
- 6–3
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. Petitioner brought this action for damages in the Federal District Court under the Federal Employers’ Liability Act, 35 Stat. 65, 53 Stat. 1404, 45 U. S. C. § 51 et seq., for causing the death of her intestate. Count I alleged that “By reason of a defect or insufficiency, due to the negligence of the defendant, in its car, track, or roadbed, the car upon which the plaintiff’s decedent was riding was derailed . . .,” causing the decedent to be thrown from the car and killed. Count II, without specifying any particular acts of negligence, charged generally that the derailment and decedent’s death were the “result of the negligence of the defendant.” After the evidence was in, the Court, at the request of the respondent, directed the jury to return a verdict for the respondent on the first count. Respondent’s motion for directed verdict on the second count, on the ground that the evidence failed to justify a finding of negligence and that it showed that deceased was killed as the sole result of his own negligence, was overruled. The jury rendered a verdict for petitioner and judgment was entered on it. The Circuit Court of Appeals reversed and remanded to the District Court with directions to render judgment for the respondent. 154 F. 2d 703. The trial court charged the jury that the burden was upon petitioner to prove by a…
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