US SUPREME COURT DECISIONS

In an action in a Federal District Court under the Federal Employers' Liability Act, brought against respondent railroad by petitioner, who was injured in a fall while working as a brakeman when he slipped on a clinker in a cinder roadbed, the jury awarded damages to petitioner. The Court of Appeals reversed on the ground that petitioner's evidence was insufficient to allow a jury determination of respondent's alleged negligence, and that respondent's motion for a directed verdict should have been granted. This Court granted certiorari.

Held: the evidence was sufficient to go to the jury on the issue of respondent's negligence and to support a jury finding of the negligence alleged, and the judgment is reversed. Pp. 352 U. S. 512-517.

(a) The test of a jury case under the Act is whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the employee's injury. Rogers v. Missouri Pacific R. Co., ante, p. 352 U. S. 500. Pp. 352 U. S. 515-516.

228 F.2d 257, reversed.