Atlantic Coast Line Railroad v. Temple

Judgment recovered by plaintiff (respondent here), in an action under the Federal Employers’ Liability Act for the death of her. intestate, was affirmed by the Supreme Court of the-State. This Court granted a-writ of certiorari. The question is whether there was¡ sufficient evidence of negligence on the part of defendant to justify the submission of the case to the jury.

Plaintiff’s intestate was employed by defendant as locomotive engineer of a train running between Augusta, Georgia, and Sumter, South Carolina, in the early morning of May 20,-1921. At a point near Augusta, and about one and…