FELTS v. SEABOARD COAST LINE RAILROAD CO., 409 U.S. 926 (1972)
Syllabus
U.S. Supreme Court
FELTS v. SEABOARD COAST LINE RAILROAD CO. , 409 U.S. 926 (1972)409 U.S. 926
Ryland S. FELTS
v.
SEABOARD COAST LINE RAILROAD COMPANY.
No. 71-1582.
Ray Leonard ADKINS
v.
KELLY'S CREEK RAILROAD COMPANY.
No. 72-163.
Supreme Court of the United States
October 16, 1972
On petitions for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.
The petitions for writs of certiorari are denied.
Mr. Justice DOUGLAS, dissenting.
These cases present recurring problems under the Federal Employees Liability Act. 45 U.S.C. 56.
In No. 72-163, Adkins, an employee, lost a part of his left leg while attempting to repair a broken rail. Kelly's Creek was a carrier by rail wholly owned by Warners Collieries Company, a mining company. The jury returned a verdict for Adkins in the amount of $117,568.44. The District Court granted a defense motion for judgment n. o. v.; and the Court of Appeals affirmed. 458 F.2d 26.
In No. 71-1582, Felts was a Pullman conductor who reported for work on the Seaboard Silver Comet Train out of Richmond, Virginia. He was injured while trying to open the trap door which would allow passengers to leave or to board the car. The jury returned a verdict for Felts which the District Court set aside; and the Court of Appeals affirmed.
These two cases are classic examples of the type of cases memorialized in our many FELA controversies-a page in our history highlighted by Rogers v. Missouri Pac. R. Co., 352 U.S. 500, where we said:
'Under this statute the test of a
jury case is simply whether the proofs justify with reason the
conclusion that employer negligence played any part, even the
slightest, in producing the injury or death for which damages are
sought. It does not matter that, from the evidence, the jury may
also with reason, on grounds of probability, attribute the result
of other causes, including the employee's contributory negligence.
Judicial appraisal of the proofs to determine whether a jury
question is presented is narrowly limited to the single inquiry
whether, with reason, the conclusion may be drawn that negligence
of the employer played any part at all in the injury or death.
Judges are to fix their sights primarily to make that appraisal
and, if that test is met, are bound to find that a case for the
jury is made out whether or not the evidence allows the jury a
choice of other probabilities. The statute [409 U.S. 926 , 928]
Opinions
v.
SEABOARD COAST LINE RAILROAD COMPANY.
No. 71-1582. Ray Leonard ADKINS
v.
KELLY'S CREEK RAILROAD COMPANY.
No. 72-163. Supreme Court of the United States October 16, 1972 On petitions for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petitions for writs of certiorari are denied. Mr. Justice DOUGLAS, dissenting. These cases present recurring problems under the Federal Employees Liability Act. 45 U.S.C. 56. Page 409 U.S. 926 , 927 In No. 72-163, Adkins, an employee, lost a part of his left leg while attempting to repair a broken rail. Kelly's Creek was a carrier by rail wholly owned by Warners Collieries Company, a mining company. The jury returned a verdict for Adkins in the amount of $117,568.44. The District Court granted a defense motion for judgment n. o. v.; and the Court of Appeals affirmed. 458 F.2d 26. In No. 71-1582, Felts was a Pullman conductor who reported for work on the Seaboard Silver Comet Train out of Richmond, Virginia. He was injured while trying to open the trap door which would allow passengers to leave or to board the car. The jury returned a verdict for Felts which the District Court set aside; and the Court of Appeals affirmed. These two cases are classic examples of the type of cases memorialized in our many FELA controversies-a page in our history highlighted by Rogers v. Missouri Pac. R. Co., 352 U.S. 500, where we said:
U.S. Supreme Court
FELTS v. SEABOARD COAST LINE RAILROAD CO. , 409 U.S. 926 (1972) 409 U.S. 926 Ryland S. FELTSv.
SEABOARD COAST LINE RAILROAD COMPANY.
No. 71-1582. Ray Leonard ADKINS
v.
KELLY'S CREEK RAILROAD COMPANY.
No. 72-163. Supreme Court of the United States October 16, 1972 On petitions for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petitions for writs of certiorari are denied. Mr. Justice DOUGLAS, dissenting. These cases present recurring problems under the Federal Employees Liability Act. 45 U.S.C. 56. Page 409 U.S. 926 , 927 In No. 72-163, Adkins, an employee, lost a part of his left leg while attempting to repair a broken rail. Kelly's Creek was a carrier by rail wholly owned by Warners Collieries Company, a mining company. The jury returned a verdict for Adkins in the amount of $117,568.44. The District Court granted a defense motion for judgment n. o. v.; and the Court of Appeals affirmed. 458 F.2d 26. In No. 71-1582, Felts was a Pullman conductor who reported for work on the Seaboard Silver Comet Train out of Richmond, Virginia. He was injured while trying to open the trap door which would allow passengers to leave or to board the car. The jury returned a verdict for Felts which the District Court set aside; and the Court of Appeals affirmed. These two cases are classic examples of the type of cases memorialized in our many FELA controversies-a page in our history highlighted by Rogers v. Missouri Pac. R. Co., 352 U.S. 500, where we said:
'Under this statute the test of a
jury case is simply whether the proofs justify with reason the
conclusion that employer negligence played any part, even the
slightest, in producing the injury or death for which damages are
sought. It does not matter that, from the evidence, the jury may
also with reason, on grounds of probability, attribute the result
of other causes, including the employee's contributory negligence.
Judicial appraisal of the proofs to determine whether a jury
question is presented is narrowly limited to the single inquiry
whether, with reason, the conclusion may be drawn that negligence
of the employer played any part at all in the injury or death.
Judges are to fix their sights primarily to make that appraisal
and, if that test is met, are bound to find that a case for the
jury is made out whether or not the evidence allows the jury a
choice of other probabilities. The statute
Page 409 U.S.
926 , 928
expressly imposes liability upon the employer to pay damages for
injury or death due 'in whole or in part' to its negligence.' Id.,
at 506-507.
Trial by jury is 'part and parcel of the remedy afforded
railroad workers' under FELA. Bailey v. Central Vermont R. Co.,
319 U.S. 350, 63
S. Ct. 1062. The question whether the plaintiff was an employee of
the carrier turns on factual elements, to be resolved by the jury
under appropriate instructions. Baker v. Texas & P. R. Co.,
359 U.S. 227.
In Felts, while the conductor was a Pullman employee he was
under instructions that 'while on cars, in trains, in stations and
yards, or on other railroad property' he was also 'subject to the
instruction of the train conductor and officials of the railroad
companies.' The Seaboard train conductor had control and
supervision over Felts, the Pullman conductor, and had authority to
make him perform the assigned duties and to remove him if he did
not. In other like situations the question whether an employee of
one firm had become in performance of his work an employee of a
railroad was a jury question.* We so held in Baker v. Texas &
P. R. Co., supra, which should be controlling here.
Mr. Justice POWELL took no part in the consideration or decision
of No. 71-1582.
In Adkins the defense, sustained by the lower courts, was that
the carrier and its insurance company had settled the claim with
the employee. Here again the question whether a carrier sued under
FELA should be estopped to plead limitations, Glus v. Brooklyn
Eastern District Terminal, 359 U.S. 231, or has
obtained a valid release from the injured employee. (Dice v. Akron,
C & Y. R. Co., 342 U.S. 359), is a
question for the jury.
Page 409 U.S.
926 , 929
The history of FELA litigation shows how narrow, prejudiced
judicial constructions of the Act in time subtly amended it, so as
to deprive it of its original beneficent purpose of protecting the
men who risk life and limb to keep our rail carriers operating. See
Rogers v. Missouri Pac. R. Co., supra, 352 U.S. at 507-509.
The emasculation that the judiciary made of this important
social legislation led eventually to the revision of the Act by
Congress in 1939 ( Rogers v. Missouri Pac. R. Co., supra, at 510)
so that litigation under it could start with a new mandate rather
than with the crippling construction given by the courts. Tiller v.
Atlantic Coast Line R. Co., 318 U.S. 54, 63-68. It was
in that tradition that Rogers, Bailey, Baker, Glus, and a host of
other cases were decided. If the voice of Hugo Black were still
heard and heeded, these two cases would be granted and reversed
outright. That would be my vote. But at the very least should put
these cases down for argument. Our rejection of them means the
start of a dark and disastrous retreat from the humanitarian
purposes of this Act of Congress and a renewal of the ancient
judicial art of emasculation of remedial legislation.
Footnotes
[Footnote *] See Cimorelli v. New
York Central R. Co., 6 Cir., 148 F.2d 575; Byrne v. Pennsylvania R.
Co., 3 Cir., 262 F.2d
906; Missouri-Kansas-Texas R. Co. v. Hearson, 10 Cir.,
422 F.2d
1037.
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