Blair v. Baltimore & Ohio Railroad

Background

A railroad freight handler sued his employer under a federal law that lets injured workers recover when the employer’s negligence contributes to harm. A jury awarded him $12,000 after he was hurt unloading three greased, 30-foot steel pipes, each about 1,000 pounds, using a small five-foot “nose truck” with two older coworkers helping. The Pennsylvania Supreme Court overturned the verdict, saying the worker had assumed the risk and that there was no evidence of employer negligence.

Reasoning

The high Court examined whether there was enough evidence for a jury to decide negligence. It emphasized the danger of moving heavy greased pipes across the warehouse, the makeshift use of small equipment, the small number and inexperience of helpers, and possible floor defects or sudden movement that caused the slip. The Court held these facts could support a finding that employer negligence contributed, at least in part, to the injury, and that a judge should not take that decision away from the jury.

Real world impact

The decision sends the case back so a jury can weigh whether the railroad failed in its duty to provide suitable tools and adequate help. The Court also said it could not as a matter of law hold the worker assumed the risk simply because he obeyed a foreman’s order. That leaves the factual question of responsibility for the jury to decide.

Dissents or concurrances

Two Justices would have affirmed the state court’s judgment, but the majority disagreed and ordered the case returned for further proceedings consistent with its opinion.