Herdman v. Pennsylvania Railroad

Background

A conductor (a railroad employee) sued his railroad company under the Federal Employers’ Liability Act after he was thrown to the caboose floor when his 67-car freight train made an emergency stop to avoid an automobile at a crossing near Dayton, Ohio. He testified about the fall, read his routine conductor’s report describing the stop, and said such unscheduled stops were not unusual. The District Court directed a verdict for the railroad, and the Court of Appeals affirmed because it found no probative facts to show negligence. The Supreme Court took the case to decide whether the conductor was wrongly denied a jury trial.

Reasoning

The main question was whether the evidence allowed a jury to infer negligence without direct proof — a legal shortcut sometimes used when accidents are extraordinary. The Court compared this case to one where a derailment was held extraordinary. Here, the Court found no evidence that sudden stops are unusual; indeed, the conductor testified they were to be expected. Because the facts did not meet the tests from prior Supreme Court decisions, the Court held there was no basis for a jury to infer negligence and affirmed the directed verdict for the railroad.

Real world impact

The decision means this plaintiff will not have a jury decide his negligence claim, and it makes clear that ordinary emergency stops do not automatically justify an inference of railroad negligence. The judgment in favor of the railroad stands.

Dissents or concurrances

The opinion notes that one Justice dissented and another concurred, but their opinions are not summarized here.