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SOUTHERN RAILWAY CO. V. YOUNGBLOOD, 286 U. S. 313 (1932)

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U.S. Supreme Court

Southern Railway Co. v. Youngblood, 286 U.S. 313 (1932)

Southern Railway Co. v. Youngblood

No. 788

Submitted April 28, 1932

Decided May 16, 1932

286 U.S. 313

Syllabus

1. A conductor on an engine had a definite written order to enter on a certain passing track and there to await the passing of a train coming from the opposite direction on the main line, but, in disobedience of such order, proceeded beyond the meeting point, and thus brought about a head-on collision in which he was killed. Held, that his negligence was the proximate cause of his death, and the fact that, through oversight of other employees, a duplicate of the same order and an oral confirmation of it were not delivered to him when he arrived at the meeting point did not render the railroad company liable. P. 316.

2. Where, of two trains dispatched on the same track in opposite directions, the one ordered to wait at a meeting point ran past it and collided with the other, which had the right of way, held that failure to deliver the passing instruction to the latter before it reached the place of collision was not causal negligence. P. 286 U. S. 317.

166 S.C. 140, 164 S.E. 431, reversed.

Certiorari to review the affirmance of a recovery under the Federal Employers' Liability Act.





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