Ferguson v. Moore-McCormack Lines, Inc.

Mr. Justice Frankfurter,

dissenting.*

“The Federal Employers Liability Act gives to railroad employees a somewhat liberalized right of recovery for injuries on the job. A great number of cases under the Act have been brought to the Supreme Court, many of them cases in which the court of appeals had set aside, on the evidence, verdicts for the employees. Despite the human appeal of these cases, Brandéis never allowed himself to regard them as the proper business of the appellate jurisdiction of the Supreme Court.”

Paul A. Freund, The Liberalism of Justice Brandéis, address at a meeting of the…