Southern Railway Co. v. Gray

Background

An experienced brakeman was sent ahead of his freight train at Dry Fork to flag an oncoming southbound passenger train. He advanced about three-quarters of a mile, placed lanterns on the track, then lay down with his head on a cross-tie and fell asleep. At 5:14 A.M., in somewhat foggy conditions, passenger Train No. 37 struck and killed him. The administratrix sued under the Federal Employers’ Liability Act, a jury returned a verdict for her, and the North Carolina courts affirmed that judgment.

Reasoning

The Court focused on whether the railroad’s crew had been shown to be negligent. Testimony showed the engineer first could have seen the lights from about 1,254 feet and that the train, going fifty-five miles an hour, could not be stopped in less than about 1,900 feet. The engineer gave customary signals and, upon first seeing the situation, applied brakes and did everything possible to check the train. The Court found there was not even a scintilla of evidence that the crew could have seen or stopped for the sleeping brakeman earlier, so the trial court should have granted the railroad’s motion to dismiss.

Real world impact

The Supreme Court reversed the judgment for the administratrix and sent the case back to the state court for further proceedings consistent with this opinion. The decision emphasizes that recovery under the Employers’ Liability Act depends on evidence of employer negligence, including realistic proof that a train could have been stopped or that crew members failed to act when they actually could have done so.