Atlantic Coast Line Railroad v. Powe

This is. an action under the Federal Employers’ Liability Act for causing the death of Marshall, the respondent’s deceased. It has been before the Court after an earlier trial, Atlantic Coast Line R. Co. v. Tyner, 278 U. S. 565, and now is brought here again to review a judgment of the Supreme Court of South Carolina affirming a judgment for the plaintiff. 159 S. E. 473. The petitioner contends that it was entitled to have a verdict directed in its favor on the grounds that there was no evidence that it was negligent and that Marshall must be taken to have assumed the risk of the supposed…