Licitra v. New York Central Railroad

Judgment dismissing the complaint at the close of the case, in this wrongful death action, brought pursuant to Federal Employers’ Liability Act (U. S. Code, tit. 45, § 51 et sag.) unanimously reversed, on the law and on the facts, and new trial ordered, with $50 costs and disbursements to abide the event. In the ease of Rogers v. Missouri Pacific R. R. Co. (352 U. S. 500), which considered the Federal Employers’ Liability Act, at page 506 of its opinion, the court said: “ Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer…