US SUPREME COURT DECISIONS

Petitioner, a section foreman for a railroad, sued the railroad in a state court under the Federal Employers' Liability Act for injuries sustained when he was assaulted by a member of his section gang whom he accused of stealing a ballast fork. A jury awarded damages to petitioner, but the trial judge set aside the verdict and granted the railroad a judgment notwithstanding the verdict. The Appellate Court affirmed.

Held: The evidence was sufficient to support the jury's finding that the assault was foreseeable; the trial court and the Appellate Court improperly invaded the function and province of the jury; certiorari is granted; the judgment is reversed; and the case is remanded. Pp. 372 U. S. 248-250.

Reversed.