Ellis v. Union Pacific Railroad

Petitioner was crushed between a moving railroad car and a building while working for respondent railroad as an engine foreman in charge of a switching crew. Damages for personal injuries were sought in a Nebraska state court under the Federal Employers’ Liability Act, 35 Stat. 65, as amended, 45 U. S. C. § 51 et seq. Judgment was rendered for petitioner on a jury verdict for $10,000, but on appeal the state Supreme Court reversed for insufficiency of evidence to show negligence, and ordered the complaint dismissed. 146 Neb. 397, 19 N. W. 2d 641; 147 Neb. 18, 22 N. W. 2d 305. We granted…