Dennis v. Denver & Rio Grande Western Railroad

*211Mr. Justice Douglas, with whom Mr. Justice Harlan concurs,

dissenting.

The cases cited by the Court to reverse the Utah Supreme Court are familiar ones that involve the duty of an employer to provide the employee with a safe place to work. Lavender v. Kurn, 327 U. S. 645, 651-653; Boston & M. R. Co. v. Meech, 156 F. 2d 109, 111-112. That issue was covered by the instructions to the jury in the present case.* But as I read the record there is no evidence of negligence on the issue of “a reasonably safe place in which to work.” In this case each workman furnished his own clothes. If it were the…