In this case arising under the Federal Employers' Liability Act,
certiorari granted; judgment reversed, and cause remanded for
consideration of any grounds not disposed of on the first appeal
and, if none has merit, with instructions to reinstate the judgment
awarding damages to petitioner.
(a) This Court agrees with the finding of the Supreme Court of
Alabama that there was sufficient evidence for the jury to find
that there was negligence on the part of respondent railroad.
(b) The evidence also presented a jury question whether the
employee's death resulted in whole or in part from such
negligence.
Reported below: 266 Ala. 244, 96 So. 2d 305.
PER CURIAM.
The petition for writ of certiorari is granted. The Supreme
Court of Alabama held that "there was sufficient evidence for the
jury to find that there was negligence on the part of the Atlantic
Coast Line Railroad Company." 264 Ala. 522, 527, 88 So. 2d 189,
193. We agree. We now hold that the evidence also presented a jury
question whether the employee's death resulted in whole or in part
from such negligence. 35 Stat. 65, 45 U.S.C. § 51;
Rogers v.
Missouri Pacific R. Co., 352 U. S. 500;
Schulz v. Pennsylvania R. Co., 350 U.
S. 523. The judgment of the Supreme Court of Alabama is
therefore reversed, and the cause is remanded for consideration of
any grounds not disposed of on the first appeal, and, if none has
merit, with instructions to reinstate the judgment entered on the
jury verdict of June 12, 1953,
Page 355 U. S. 63
awarding the petitioner damages of $46,600.
Urie v.
Thompson, 337 U. S. 163. For
the reasons set forth in his opinion in
Rogers v. Missouri
Pacific R. Co., 352 U. S. 500,
352 U. S. 524,
MR. JUSTICE FRANKFURTER is of the view that the writ of certiorari
is improvidently granted.
MR. JUSTICE BURTON dissents.
MR. JUSTICE HARLAN, while believing that certiorari should be
denied, considers that
Rogers v. Missouri Pacific R. Co.,
supra, requires him to concur in the result.
