STINSON, ADMINISTRATRIX v. Atlantic Co.

Supreme Court

STINSON, ADMINISTRATRIX v. Atlantic Co.

355 U.S. 62, 78 S. Ct. 136, 2 L. Ed. 2d 93, 1957 U.S. LEXIS 163

CourtSupreme Court of the United States

DecidedJanuary 6, 1958

Docket442

StatusPublished

Cited by27 cases

This text of 355 U.S. 62 (STINSON, ADMINISTRATRIX v. Atlantic Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

STINSON, ADMINISTRATRIX v. Atlantic Co., 355 U.S. 62, 78 S. Ct. 136, 2 L. Ed. 2d 93, 1957 U.S. LEXIS 163 (1958).

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Opinions

Per Curiam.

The petition for writ of certiorari is granted. The Supreme Court of Alabama held that “there was sufficient evidence for the jury to find that there was negligence on the part of the Atlantic Coast Line Railroad Company.” 264 Ala. 522, 527, 88 So. 2d 189, 193. We agree. We now hold that the evidence also presented a jury question whether the employee’s death resulted in whole or in part from such negligence. 35 Stat. 65, 45 U. S. C. § 51; Rogers v. Missouri Pacific R. Co., 352 U. S. 500; Schulz v. Pennsylvania R. Co., 350 U. S. 523. The judgment of the Supreme Court of Alabama is therefore reversed and the cause is remanded for consideration of any grounds not disposed of on the first appeal; and, if none has merit, with instructions to reinstate the judgment entered on the jury verdict of June 12, 1953, [63]*63awarding the petitioner damages of $46,600. Urie v. Thompson, 337 U. S. 163.

For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524, Mr. Justice Frankfurter is of the view that the writ of certiorari is improvidently granted.

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Per Curiam.

The petition for writ of certiorari is granted. The Supreme Court of Alabama held that “there was sufficient evidence for the jury to find that there was negligence on the part of the Atlantic Coast Line Railroad Company.” 264 Ala. 522, 527, 88 So. 2d 189, 193. We agree. We now hold that the evidence also presented a jury question whether the employee’s death resulted in whole or in part from such negligence. 35 Stat. 65, 45 U. S. C. § 51; Rogers v. Missouri Pacific R. Co., 352 U. S. 500; Schulz v. Pennsylvania R. Co., 350 U. S. 523. The judgment of the Supreme Court of Alabama is therefore reversed and the cause is remanded for consideration of any grounds not disposed of on the first appeal; and, if none has merit, with instructions to reinstate the judgment entered on the jury verdict of June 12, 1953, [63]*63awarding the petitioner damages of $46,600. Urie v. Thompson, 337 U. S. 163.

For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524, Mr. Justice Frankfurter is of the view that the writ of certiorari is improvidently granted.

Cecelia Watn, Administratrix and Administratrix Ad Prosequendum of the Estate of John Martin Watn, Deceased v. The Pennsylvania Railroad Company and Pennsylvania-Reading Seashore Lines, Cecelia Watn, Administratrix and Administratrix Ad Prosequendum of the Estate of John Martin Watn, Deceased v. The Pennsylvania Railroad Company, and Pennsylvania-Reading Seashore Lines

255 F.2d 854 (Third Circuit, 1958)

Sinkler v. Missouri Pacific Railroad

356 U.S. 326 (Supreme Court, 1958)

Stinson v. Atlantic Coast Line R. Co.

103 So. 2d 183 (Supreme Court of Alabama, 1958)

Atlantic Coast Line Railroad Company v. William W. Boartfield

253 F.2d 733 (Fourth Circuit, 1958)

Rogers v. Thompson

308 S.W.2d 688 (Supreme Court of Missouri, 1958)

Michele Dessi v. Pennsylvania Railroad Company

251 F.2d 149 (Third Circuit, 1958)

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Bluebook (online)

355 U.S. 62, 78 S. Ct. 136, 2 L. Ed. 2d 93, 1957 U.S. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-administratrix-v-atlantic-co-scotus-1958.

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