U.S. Supreme Court
Illinois Central R. Co. v. Skaggs, 240 U.S. 66 (1916)
Illinois Central Railroad Company v. Skaggs
Argued January 19, 20, 1916
Decided January 31, 1916
240 U.S. 66
Where two employees of the carrier are necessarily working together, as under the exigencies existing in this case, each has a reasonable latitude in relying upon statements of the other made in the course of and as a part of the operation, and if statements made negligently by one result in injury of the other properly relying thereon, the latter is not barred from recovering under the Employers' Liability Act.
The salutary rule that a party is not entitled to sit silent until after verdict, and then insist that it shall be set aside because the trial court failed to particularly specify in its charge some matter to which its attention had not been suitably called has not been altered by the local statute of Minnesota under which errors in rulings and instructions may be specified on a motion for new trial without taking exceptions on the trial.
This Court concurs in the view expressed by the state appellate court to the effect that an instruction on the question of contributory chanroblesvirtualawlibrary
negligence of the plaintiff did not conform exactly to the proper interpretation of the Employers' Liability Act, but that, as the mistake was a verbal one which would undoubtedly have been corrected had attention been called thereto at the time, which was not done, and a defendant was not prejudiced thereby, it was not error justifying reversal of the judgment.
125 Minn. 532 affirmed.
The facts, which involve the construction and application of the Federal Employers' Liability Act, and the validity of a verdict and judgment recovered thereunder in a state court, are stated in the opinion.