Chicago Great Western Co v. Rambo
Decision Date | 27 April 1936 |
Docket Number | No. 696,696 |
Citation | 298 U.S. 99,80 L.Ed. 1066,56 S.Ct. 693 |
Parties | CHICAGO GREAT WESTERN R. CO. v. RAMBO. * |
Court | U.S. Supreme Court |
Mr. Harry S. Stearns, of St. Paul, Minn., for petitioner.
Mr. Harold E. Stassen, of South St. Paul, Minn., for respondent.
Half an hour after sunset (5:10), December 8, 1933, respondent's intestate, a signal maintainer, while riding his gasoline speeder over the rails, was run down and killed 3 miles south of Hampton, Minn., by petitioner's passenger train from Minneapolis, moving down grade 60 miles per hour. Darkness had come; the weather was cloudy; the train late; an hour earlier it had collided with a truck and killed a man.
Relying upon the Federal Employers' Liability Act, 45 U.S.C.A. c. 2, §§ 51-59, and the Boiler Inspection Act as amended by Act June 7, 1924, 45 U.S.C.A. c. 1, §§ 22-34, respondent sued for damages in Dakota county district court. The jury found for her; judgment upon the verdict was affirmed by the Supreme Court.
Several acts of negligence were alleged, but the trial court submitted only one to the jury: Failure to equip the locomotive with a headlight of the illuminating power required by federal law.
Section 23 of the Boiler Inspection Act is in the margin.1 Under permission of that act, the Interstate Commerce Commission adopted the following rule:
The Supreme Court declared: It held the evidence adequate.
In cases like this we must examine the record and determine for ourselves whether as matter of law there is enough to sustain a finding of negligence. Chicago, M. & St. Paul R. Co. v. Coogan, 271 U.S. 472, 474, 46 S.Ct. 564, 70 L.Ed. 1041; Atchison, T. & S.F.R. Co. v. Saxon, 284 U.S. 458, 459, 52 S.Ct. 229, 76 L.Ed. 397.
The following excerpt from its opinion indicates the view of the Supreme Court.
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