Southern Pac. Co. v. Ralston

MeDERMOTT, Circuit Judge.

A rehearing was granted in order to examine more closely into that part of the Federal Employers’ Liability Act § 1 (45 US CA § 51), which imposes liability upon interstate carriers for injuries “resulting in whole or in part from the negligence” of their employees. The controlling authorities cited in the petition for rehearing convince us that the question of whether plaintiff’s injury resulted “in whole or in part” from the fireman’s negligence in failing to obey the signal to stop, which plaintiff now testifies he gave, was for the jury to determine, and the last…