Bell v. Atlantic Coast Line R. Co.

(dissenting); It being conceded on all sides that this case is to be decided according to the decisions of the Supreme Court of the United States, in cases involving the liability of the defendant railroad company under the Federal Employers’ Liability Act (45 U. S. C. A., §§ 51-59), I think it is clear that the leading opinion erroneously applies what is familiarly known as “the scintilla rule” in South Carolina, instead of the rule declared by the decisions referred to.

A reading of the opinion demonstrates, I think, that it cannot be reconciled with the authorities from the Supreme…