Seaboard Air Line Railway v. Lorick

Citations

• 243 U.S. 572
• 37 S. Ct. 440
• 61 L. Ed. 907
• 1917 U.S. LEXIS 1974

Syllabus

<p>In an action in a state court under the Federal Employers’ Liability Act, it was in evidence that the employee, in the line of his duty, was injured in an effort to raise a coupler without the aid of a jack; that a jack was the proper appliance for such work; that he had requested one of his superior repeatedly on former like occasions and that it had been promised him a few weeks before the accident. The court below having affirmed the action of the trial court in refusing to direct a verdict for defendant upon the grounds of assumption of risk and absence of negligence, Held; that there was no clear and palpable error such as would justify this court in disturbing the verdict for the plaintiff. Baltimore & Ohio R. R. Co. v. Whitacre, 242 U. S. 169, 171.</p>