Cawman v. Pennsylvania-Reading Seashore Lines

CLARK, Circuit Judge.

The reluctance underlying the learned district judge’s ruling is plain from the record. We can understand that reluctance. On the one hand, plaintiff’s intestate, a long time employee of the defendant railroad, is dead, and his death occurred violently while he was in the faithful performance of his duties. On the other hand, the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq, remains a hybrid between true workmen’s compensation and the strict common law rules. We say hybrid because it retains in full force the requirement of carrier negligence while relaxing…