Hartel v. Long Island Railroad Company, No. 72-1578

CourtUnited States Supreme Court
Writing for the CourtDOUGLAS
Citation414 U.S. 980,94 S.Ct. 273,38 L.Ed.2d 224
Decision Date23 October 1973
Docket NumberNo. 72-1578
PartiesAudrey S. HARTEL, etc. v. The LONG ISLAND RAILROAD COMPANY

414 U.S. 980
94 S.Ct. 273
38 L.Ed.2d 224
Audrey S. HARTEL, etc.

v.

The LONG ISLAND RAILROAD COMPANY.

No. 72-1578.

Supreme Court of the United States

October 23, 1973

On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, with whom Mr. Justice BRENNAN concurs, dissenting.

Petitioner's husband, a ticket agent of the respondent railroad, was required to open the ticket office of the Mineola, Long Island, station in the early hours of a Sunday morning. In order to open the steel shutter covering the ticket window it was necessary to leave the security of the ticket office and enter the passenger waiting room. Since there was no peephole in the shutter or in the door leading to the waiting room, there was no way for the agent to view the waiting room from the

Page 981

ticket office. Upon entering the waiting room, petitioner's husband encountered armed robbers who shot and killed him. Petitioner brought this suit to recover damages under the Federal Employer's Liability Act, 45 U.S.C. § 51 et seq.

In Lillie v. Thompson, 332 U.S. 459, 68 S.Ct. 140, 92 L.Ed. 73, this Court held that the Act provides relief for breach by a railroad of its duty to protect employees from foreseeable third party assaults. In order to demonstrate foreseeability in this case, petitioner offered to prove 10 robberies or attempted robberies at respondent's stations located between five and 30 miles of the Mineola station. All had occurred within four years and two occurred in the month immediately preceding the Mineola holdup. Petitioner further offered to prove communications between the ticket agent's union and respondent relating the dangers of armed robbery and requesting the installation of peepholes and silent alarms. Since none of the prior robberies occurred at the Mineola station and none of the union communications made specific reference to the dangers at that particular station, the evidence was excluded.

After finding that petitioner had 'introduced no evidence showing that [respondent] should have reasonably foreseen the possibility of a holdup at the Mineola Station,' the District Court granted respondent's motion for a directed verdict.

As this Court has repeatedly pointed out, Congress expressed a strong preference for jury determinations of actions arising under the Act. See Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 508,...

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75 practice notes
  • United States v. Poole, No. 72-1533.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 17 Enero 1974
    ...in some detail in the recent decision of this court in United States v. Moore, 158 U.S.App.D.C. 375, 486 F.2d 1139, cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973). I refer particularly to the statement in the dissenting opinion of Judge Wright, there supported, that withdra......
  • U.S. v. Decoster, No. 72-1283
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 19 Octubre 1976
    ...95 S.Ct. 2403, 44 L.Ed.2d 670 (1975); United States v. Moore, 158 U.S.App.D.C. 375, 496, 486 F.2d 1139, 1260 (en banc), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 76 Washington Star, August 9, 1978. 1 Leventhal Opinion (Op.), 199 U.S.App.D.C. at ---, 624 F.2d at 199; MacKinnon......
  • U.S. v. Davis, No. 75-1374
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 6 Abril 1977
    ...for sale. Cf. United States v. Moore, 158 U.S.App.D.C. 375, 442, 486 F.2d 1139, 1206 (en banc) (MacKinnon, J., concurring), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973); United States v. Davis, 461 U.S. 1026, 1036 (3rd Cir. 1972). On the contrary, the quantities of narcot......
  • Dunn v. State, No. 248-84
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 26 Junio 1985
    ...(en banc); Moore v. Wolff, 495 F.2d 35, 37 (8th Cir.1974); United States v. Cobbs, 481 F.2d 196, 199-200 (3rd Cir.1973), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973); United States v. Zamora-Yescas, 460 F.2d 1272 (9th Cir.1972), cert. denied, 409 U.S. 881, 93 S.Ct. 210, 3......
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74 cases
  • United States v. Poole, No. 72-1533.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 17 Enero 1974
    ...in some detail in the recent decision of this court in United States v. Moore, 158 U.S.App.D.C. 375, 486 F.2d 1139, cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973). I refer particularly to the statement in the dissenting opinion of Judge Wright, there supported, that withdra......
  • U.S. v. Decoster, No. 72-1283
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 19 Octubre 1976
    ...95 S.Ct. 2403, 44 L.Ed.2d 670 (1975); United States v. Moore, 158 U.S.App.D.C. 375, 496, 486 F.2d 1139, 1260 (en banc), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 76 Washington Star, August 9, 1978. 1 Leventhal Opinion (Op.), 199 U.S.App.D.C. at ---, 624 F.2d at 199; MacKinnon......
  • U.S. v. Davis, No. 75-1374
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 6 Abril 1977
    ...for sale. Cf. United States v. Moore, 158 U.S.App.D.C. 375, 442, 486 F.2d 1139, 1206 (en banc) (MacKinnon, J., concurring), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973); United States v. Davis, 461 U.S. 1026, 1036 (3rd Cir. 1972). On the contrary, the quantities of narcot......
  • Dunn v. State, No. 248-84
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 26 Junio 1985
    ...(en banc); Moore v. Wolff, 495 F.2d 35, 37 (8th Cir.1974); United States v. Cobbs, 481 F.2d 196, 199-200 (3rd Cir.1973), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973); United States v. Zamora-Yescas, 460 F.2d 1272 (9th Cir.1972), cert. denied, 409 U.S. 881, 93 S.Ct. 210, 3......
  • Request a trial to view additional results
1 books & journal articles
  • The Constitutionality of Involuntary Civil Commitment of Opiate Addicts
    • United States
    • Journal of Drug Issues Nbr. 18-4, October 1988
    • 1 Octubre 1988
    ...that program.7656JOURNALOFDRUGISSUES CONSTITUTIONALITY9See, for example,UnitedStatesv.Moore,486 F. 2d 1139(D. C. Cir.),certioraridenied414 U. S. 980 (1973) (see the opinions of Judges WilkeyandLeventhal).Thereason given for this, of course, is that use is conduct.10Amongthose troubled was M......

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