New York Cent Co v. Ambrose, No. 73

CourtUnited States Supreme Court
Writing for the CourtSUTHERLAND
Citation280 U.S. 486,50 S.Ct. 198,74 L.Ed. 562
PartiesNEW YORK CENT. R. CO. v. AMBROSE
Docket NumberNo. 73
Decision Date24 February 1930

280 U.S. 486
50 S.Ct. 198
74 L.Ed. 562
NEW YORK CENT. R. CO.

v.

AMBROSE.

No. 73.
Argued Jan. 10, 1930.
Decided Feb. 24, 1930.

Page 487

Messrs. William H. Carey, Albert C. Wall, and John A. Hartpence, all of Jersey City, N. J., for petitioner.

Messrs. A. O. Stanley, of Washington, D. C., and Alexander Simpson, of Jersey City, N. J., for respondent.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

This is an action under the Federal Employers' Liability Act (45 USCA §§ 51-59) for the death of John Ambrose, as the result of an alleged negligent failure of the railroad company to furnish a safe place to work.

Ambrose had been employed for many years in a grain elevator belonging to the company and used to facilitate the shipment of grain in interstate commerce. He worked on the 'bin floor,' which lies above a large number of grain bins, and with each of which it is connected by a circular opening, seventeen inches in diameter, furnished with a spout to carry the grain from the floor into the bin, and by a rectangular manhole, twenty by sixteen and three-quarter inches in size. These openings, when not in use, are closed with metal covers resting on flanges and sunk to a level with the floor.

Ambrose's duties were to sweep the floor, help set the spouts, and generally to do such floor work as his foreman might direct. Sometimes grain became clogged so that it would not run out from the bin; in which event, one man would descend into the bin to clean it out, while another lowered and held a light in such position as to assist the former in the performance of his work.

Page 488

This work was rarely done and only upon an order from the foreman or superintendent.

A short time prior to the accident, with the consent of the superintendent, a representative of a company not connected with the railroad was permitted to make an experiment in one of the bins for the extermination of weevil and other insects, which sometimes got into the grain. This experiment was conducted by mingling with the grain, as it moved through the bin, a powder, which generated a poisonous gas supposed to destroy the insects. In conducting the experiment, forty small bags containing weevil were dropped into the grain. After the experiment, one of the bags which had failed to come through was found lodged within the bin, but it was not intended or thought necessary to remove it. Ambrose was present when the foreman lowered a droplight into the bin and disclosed the bag, and was told by the foreman to keep away from the bin as much as possible, not to 'hang around' it, that the gas was poisonous.

The following morning the only men at work on the floor were the foreman, Ambrose, and another employee. Both covers were in place, and Ambrose was engaged in sweeping the floor. The foreman went to another part of the premises, but, about twenty minutes later, hearing a noise 'like something...

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102 practice notes
  • Favre v. Louisville & N. R. Co, 32973
    • United States
    • Mississippi Supreme Court
    • January 24, 1938
    ...R. R. Co. v. Chamberlain, 288 U.S. 333; Atchison, Topeka & S. F. Ry. v. Toops, 281 U.S. 351; New York Central R. Co. v. Ambrose, 280 U.S. 486; Delaware, Lackawanna & Western R. Co. v. Koske, 279 U.S. 7; Toledo, St. L. & W. R. Co. v. Allen, 276 U.S. 165. The federal courts do not adopt the s......
  • New Orleans & N.E. R. Co. v. Benson, 33160
    • United States
    • Mississippi Supreme Court
    • October 10, 1938
    ...Co. v. Coogan, 271 U.S. 472, 70 L.Ed. 104; A. T. & S. F. R. Co. v. Toops, 281 U.S. 351, 74 L.Ed. 896; A. T. & S. F. R. R. Co. v. Ambrose, 280 U.S. 486, 74 L.Ed. 562; A. T. & S. F. R. Co. v. Saxon, 284 U.S. 458, 76 L.Ed. 397; C. G. & W. R. Co. v. Rambo, 298 U.S. 99, 80 L.Ed. 1066; Universal ......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...49 Sup. Ct. 202, 73 L. Ed. 578; Atchison, T. & S.F. Ry. Co. v. Toops, 281 U.S. 351, 74 L. Ed. 896; New York Cent. Railroad Co. v. Ambrose, 280 U.S. 486, 74 L. Ed. 562, 50 Sup. Ct. 198; Pennsylvania Railroad Co. v. Chamberlain, 288 U.S. 333, 53 Sup. Ct. 391, 77 L. Ed. 819; Chesapeake & O. Ry......
  • Johnson v. Southern Railway Co., No. 38571.
    • United States
    • United States State Supreme Court of Missouri
    • October 4, 1943
    ...v. Toops, 281 U.S. 351; Labor Board v. Columbian Co., 306 U.S. 292; Looney v. Metropolitan R. Co., 200 U.S. 480; N.Y.C.R. Co. v. Ambrose, 280 U.S. 486. This is also the rule in Missouri. State ex rel. Mo. Public Utility Co. v. Cox, 298 Mo. 427; State ex rel. City of Macon v. Trimble, 321 Mo......
  • Request a trial to view additional results
102 cases
  • Favre v. Louisville & N. R. Co, 32973
    • United States
    • Mississippi Supreme Court
    • January 24, 1938
    ...R. R. Co. v. Chamberlain, 288 U.S. 333; Atchison, Topeka & S. F. Ry. v. Toops, 281 U.S. 351; New York Central R. Co. v. Ambrose, 280 U.S. 486; Delaware, Lackawanna & Western R. Co. v. Koske, 279 U.S. 7; Toledo, St. L. & W. R. Co. v. Allen, 276 U.S. 165. The federal courts do not adopt the s......
  • New Orleans & N.E. R. Co. v. Benson, 33160
    • United States
    • Mississippi Supreme Court
    • October 10, 1938
    ...Co. v. Coogan, 271 U.S. 472, 70 L.Ed. 104; A. T. & S. F. R. Co. v. Toops, 281 U.S. 351, 74 L.Ed. 896; A. T. & S. F. R. R. Co. v. Ambrose, 280 U.S. 486, 74 L.Ed. 562; A. T. & S. F. R. Co. v. Saxon, 284 U.S. 458, 76 L.Ed. 397; C. G. & W. R. Co. v. Rambo, 298 U.S. 99, 80 L.Ed. 1066; Universal ......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...49 Sup. Ct. 202, 73 L. Ed. 578; Atchison, T. & S.F. Ry. Co. v. Toops, 281 U.S. 351, 74 L. Ed. 896; New York Cent. Railroad Co. v. Ambrose, 280 U.S. 486, 74 L. Ed. 562, 50 Sup. Ct. 198; Pennsylvania Railroad Co. v. Chamberlain, 288 U.S. 333, 53 Sup. Ct. 391, 77 L. Ed. 819; Chesapeake & O. Ry......
  • Johnson v. Southern Railway Co., No. 38571.
    • United States
    • United States State Supreme Court of Missouri
    • October 4, 1943
    ...v. Toops, 281 U.S. 351; Labor Board v. Columbian Co., 306 U.S. 292; Looney v. Metropolitan R. Co., 200 U.S. 480; N.Y.C.R. Co. v. Ambrose, 280 U.S. 486. This is also the rule in Missouri. State ex rel. Mo. Public Utility Co. v. Cox, 298 Mo. 427; State ex rel. City of Macon v. Trimble, 321 Mo......
  • Request a trial to view additional results

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