Hebert v. Southern Pacific Transportation Co.

Mr. Justice Blackmun, with whom Mr. Justice Brennan joins,

dissenting.

Petitioner Hebert instituted this suit under the Federal Employers’ Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §§ 51-60. He allegedly sustained disabling injuries in a fall while at work in 1969. Respondent-defendant Southern Pacific Transportation Company, a common carrier by rail, filed a motion for summary judgment on the ground that Hebert was not “employed by such carrier,’’ within the liability-imposing language of § 51. The District Court, relying specifically on Kelley v. Southern Pacific Co., 486 F.…