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MISSOURI PACIFIC R. CO. V. AEBY, 275 U. S. 426 (1928)

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U.S. Supreme Court

Missouri Pacific R. Co. v. Aeby, 275 U.S. 426 (1928)

Missouri Pacific R. Co. v. Aeby

No. 100

Argued December 1, 1927

Decided January 3, 1928

275 U.S. 426


1. A station platform intended for use and used by a station agent in the performance of his duties is part of the "works " of the railroad company within the meaning of the Federal Employers' Liability Act, § 1. P. 275 U. S. 428.

2. A case under the Act is governed by it and the applicable principles of common law as applied in federal courts, and there is no liability in the absence of negligence on the part of the carrier. P. 275 U. S. 429.

3. A railway station platform, composed of loose gravel and crushed stone, became worn and depressed in front of steps leading from the station, due to rainwater falling from the roof and draining from the platform and to the passage of people to and from the waiting room. Water accumulated in the depression when it rained, and, on the night in question, a puddle, so formed, was frozen and covered with snow. Plaintiff slipped on the ice while seeking to enter the stationhouse in the dark in pursuit of her duties as station master, and was injured. Held that the facts were insufficient to sustain a finding that the railroad company had failed in any duty to the plaintiff. Id.

313 Mo. 492 reversed. chanroblesvirtualawlibrary

Page 275 U. S. 427

Certiorari, 273 U.S. 679, to a judgment of the Supreme Court of Missouri which affirmed a recovery of damages for personal injuries in an action under the Federal Employers' Liability Act.

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