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ELLIS V. UNION PACIFIC R. CO., 329 U. S. 649 (1947)

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U.S. Supreme Court

Ellis v. Union Pacific R. Co., 329 U.S. 649 (1947)

Ellis v. Union Pacific Railroad Co.

No. 320

Argued January 16, 17, 1947

Decided February 3, 1947

329 U.S. 649


1. In this action under the Federal Employer' Liability Act, the evidence of the defendant's negligence (detailed in the opinion) was sufficient to justify submission of the case to the jury, and the judgment of the appellate court setting aside a verdict for the plaintiff is reversed. Pp. 329 U. S. 652-653.

2. The choice of conflicting version of the way the accident happened, the decision as to which witness was telling the truth, the inferences to be drawn from uncontroverted as well as controverted facts, are questions for the jury. P. 329 U. S. 653.

3. If there is a reasonable basis in the record for concluding that there was negligence of the employer which caused the injury, it would be an invasion of the jury's function for an appellate court to draw contrary inferences or to conclude that a different conclusion would be more reasonable. Lavender v. Kurn, 327 U. S. 645. P. 329 U. S. 653.

147 Neb. 18, 22 N.W.2d 305, reversed.

In a suit in a Nebraska court under the Federal Employers' Liability Act, the plaintiff obtained a judgment on a jury verdict. The Supreme Court of Nebraska reversed for insufficiency of the evidence to show negligence, and ordered the complaint dismissed. 146 Neb. 397, 19 N.W.2d 641; 147 Neb. 18, 22 N.W.2d 305. This Court granted certiorari. 329 U.S. 706. Reversed, p. 329 U. S. 653.

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