No. 465.

390 U.S. 538 (1968)


Supreme Court of United States.

Decided April 8, 1968.

Attorney(s) appearing for the Case

Arne Werchick argued the cause for petitioner. With him on the briefs was David S. Levinson.

John J. Corrigan argued the cause for respondent. With him on the brief was Donald O. Roy.

Clifton Hildebrand filed a brief for the Brotherhood of Railway Carmen of America et al., as amici curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

The Federal Employers' Liability Act provides that every common carrier by railroad engaged in interstate commerce shall be liable in damages for the injury or death of its employees resulting in whole or in part from the negligence of the railroad or its agents or resulting from defects in its equipment due to its negligence.1 The question in this case is whether the respondent

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