United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jenkins v. Kurn, 313 U.S. 256 (1941)

Jenkins v. Kurn

No. 732

Argued April 8, 1941

Decided May 5, 1941

313 U.S. 256

Syllabus

1. The right of action conferred by the Federal Employers Liability Act, 45 U.S.C. § 51, is not to be burdened with impossible conditions. P. 313 U. S. 258.

2. In an action by a locomotive fireman to recover damages for injuries resulting from a fall alleged to have been due to the negligence of the engineer in failing to apply the brakes after notice that a train was standing on the track ahead, held that evidence tending to prove that the engineer received a warning from the fireman which, under the circumstances, he should have understood, was sufficient to go to the jury without further proof that he actually understood what was said. P. 313 U. S. 258.

146 Mo. 904; 144 S.W.2d 76, reversed.

Certiorari, 312 U.S. 675, to review a judgment reversing a recovery in an action under the Federal Employers Liability Act.

Page 313 U. S. 257