United States Supreme Court Cases & Opinions

U.S. Supreme Court

St. Louis-San Francisco Ry. Co. v. Mills, 271 U.S. 344 (1926)

St. Louis-San Francisco Railway Company v. Mills

No. 264

Argued April 22, 23, 1926

Decided May 24, 1926

271 U.S. 344

Syllabus

1. An employer, by voluntarily furnishing a guard for employees as a protection against strikers, does not become bound to furnish more to make the protection adequate. P. 271 U. S. 346.

2. Assuming that the railroad in this case was under a duty to furnish protection to plaintiff's intestate (an employee who was shot by strikers), held, on the facts, that there was no evidence of negligence in failure to furnish more than one guard, and that the jury should not have been allowed to conjecture what would have happened if another guard had been present.

3 F.2d 882 reversed.

Certiorari to a judgment of the circuit court of appeals which affirmed a judgment of the District Court for the plaintiff, Mills, in an action against the railway under the Federal Employers' Liability Act, removed from a state court.

Page 271 U. S. 345