Central of Georgia Railroad Company v. Rush

I must dissent from the conclusion reached by the majority that the judgment in this appeal be affirmed.

As I interpret the opinion, it is based upon the premise that the entire question is to be resolved upon consideration of whether the evidence was sufficient to hold that the plaintiff’s injuries resulted in whole or in part from the negligence of the railroad, a question for resolution by the jury under the evidence. This approach invites a conclusion on a basis which on analysis would appear to be irrelevant.

Liability under the F.E.L.A. arises, not from the injury, but from negligence…