CSX Transp., Inc. v. Hensley - 08-1034 (2009)



556 U. S. ____ (2009)
556 U. S. ____ (2009)
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES

CSX TRANSP., INC. v. THURSTON HENSLEY

on petition for writ of certiorari to the court of appeals of tennessee, eastern division

No. 08–1034. Decided June 1, 2009

   Justice Ginsburg, dissenting.

   The Court’s opinion in Norfolk & Western R. Co. v. Ayers, 538 U. S. 135 (2003), would support this plain and simple instruction: “It is incumbent upon [the plaintiff] to prove that his alleged fear [of cancer] is genuine and serious,” id., at 157. The defense-oriented instructions requested, however, were far more elaborate, compare ante, at 2 (per curiam), with App. to Pet. for Cert. 70a–71a, and the trial court rightly refused to give them. Nothing in Ayers required the court to deliver, on its own initiative, a fitting substitute. I would therefore deny the petition for certiorari and dissent from the Court’s summary reversal.



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