Moore, Administratrix, v. Chesapeake & Ohio Railway Co. (340 U.S. 573)
U.S. Supreme Court · decided February 26, 1951 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 573 · 71 S. Ct. 428
- Decided
- February 26, 1951
- Term
- October Term 1950
- Vote
- 5–3
- Majority author
- Justice Minton
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. This action, brought under the Federal Employers’ Liability Act in the United States District Court for the Eastern District of Virginia on behalf of a surviving widow and children, charged negligence against respondent railroad in the death of petitioner’s decedent, who was acting in the course of his employment as a brakeman for respondent at the time of his death. The case was tried before a jury. At the conclusion of all the evidence, respondent moved for a directed verdict on the ground, among others, that respondent was not shown to have been negligent. The District Court reserved decision, pursuant to Rule 50 of the Federal Rules of Civil Procedure, and submitted the case to the jury, which returned a verdict for petitioner. Respondent then renewed its contention by motion for judgment notwithstanding the verdict, which was sustained, and the action was dismissed on the merits. The Court of Appeals for the Fourth Circuit affirmed, 184 F. 2d 176, and we granted certiorari to determine whether the province of the jury had been invaded by the action of the District Court. 340 U. S. 874. On September 25, 1948, petitioner’s decedent was employed by respondent as a brakeman in respondent’s switching yards at Richmond, Virginia. The day was fair. At about 3:50 p. m., the crew with which decedent was working undertook its…
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