ATLANTIC COAST LINE RAILROAD COMPANY
v.
SOUTHWELL, ADMINISTRATRIX
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A widow and administratrix sued the Atlantic Coast Line Railroad Company under the Federal Employers Liability Act for the death of her husband, an employee killed by another employee in what the plaintiff characterized as a murder caused by the railroad's gross negligence in failing to prevent it. The Supreme Court reversed the lower court's judgment, holding that there was insufficient evidence to show that the death resulted from any negligence by a railroad officer, as the shooting was not a foreseeable consequence of the general yard master's knowledge of past tensions between the two employees or his warning to the shooter not to speak with the victim.
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Mr. Justice Holmes delivered the opinion of the Court.
This is an action brought against the petitioner by the administratrix and widow of one of the petitioner’s employees , for the death of her husband by a murder which it is alleged that the petitioner “ with gross negligence wil-fully' and wantonly caused, permitted and allowed.” In view of the decision in Davis v. Green, 260 U. S. 349, the plaintiff did not attempt to hold the petitioner-liable as principal in the act, but relied upon its failure to prevent the death. The Supreme Court of North Carolina upheld a judgment for the plaintiff. 191 N. C. 153. It is admitted that the action is based upon the Eederal Employers Liability Act of April 22, 1908, c. 149, § 2; '35 Stat. 65, and the question is whether there was-any evidence that' the-death resulted in whole or in part from the negligence of any officer of the petitioning road, under the law as applied by this Court. New Orleans & Northeastern R. R. Co. v. Harris, 247 U. S. 367, 371.
It would be straining the language of the act somewhat to say in any case that a wilful homicide “ resulted ” from the failure of some superior officer to foresee the danger and to prevent it. In this case at all events we are of opinion that there was no evidence that warrants such a judgment. It is not necessary to state the facts in detail. Those mainly relied upon are that Fonvielle, the general yard master, knew that Southwell, the man who was killed, on previous occasions had used threatening language to Dallas, who shot Southwell; that Fonvielle knew or ought to haye known that they were likely to meet when they did; that Fonvielle was with Dallas, his subordinate, just before that moment and that Dallas said to him “ Cap, all I want td do is to ask Southwell to lay off of me ai,nd let me alone,” and that Fonville said that he must not see Southwell, that if he saw him and talked to him. it might bring about ^unpleasant consequences; that Fon-vielle left Dallas and after having gone á short distance saw him and Southwell approaching each other and had taken a few steps towards them with a view to separate them in case of an altercation, but that before he had time to reach them the shot was fired. Fonvielle knew that Dallas had a pistol, but there was a strike at the time; Dallas was á special policeman and had a right to carry it, and not unnaturally did. Th'e only sinister designs, of which there is any evidence, were of Southwell against Dallas, unless Dallas’ remark just before the shooting be taken to foreshadow the event, which it certainly did not seem to until after the event had happened. It appears ‘to us extravagant to hold the petitioner liable in a case like this. See St. Louis-San Francisco Ry. Co. v. Mills, 271 U. S. 344.
Judgment reversed.
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Citator
Cited By (13 total)
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Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521 (U.S. 1957)…-San Francisco R. Co. v. Mills, 271 U. S. 344; affirmance of judgment for plaintiff reversed. Chicago, M. & St. P. R. Co. v. Coogan, 271 U. S. 472; affirmance of judgment for plaintiff reversed. 1927 Term. Atlantic Coast Line R. Co. v. Southwell, 275 U. S. 64; affirmance of judgment for plaintiff reversed. Missouri Pacific R. Co. v. Aeby, 275 U. S. 426; affirmance of judgment for plaintiff reversed. Gulf, M. & N. R. Co. v. Wells, 275 U. S. 455; affirmance of judgment for plaintiff reversed. Toledo, St…
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Lillie v. Thompson, 332 U.S. 459 (U.S. 1947)…ed in interstate commerce and that petitioner was injured while employed in such commerce. The court cited Davis v. Green, 260 U. S. 349 (1922); St. Louis-San Francisco R. Co. v. Mills, 271 U. S. 344 (1926); Atlantic Coast Line R. Co. v. Southwell, 275 U. S. 64 (1927); and Atlanta & Charlotte Air Line R. Co. v. Green, 279 U. S. 821 (1929), reversing per curiam, 151 S. C. 1, 148 S. E. 633. See Restatement of Torts, § 302, Comment n: “n. The actor’s conduct may create a situation which affords an opportuni…
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Lancaster v. Norfolk & W. Ry. Co., 773 F.2d 807 (7th Cir. 1985)…bed Davis as a case about respondeat superior, and implied that direct negligence could be established even if the employee’s act was not in furtherance of the employer’s business. See Atlantic Coast Line R.R. v. Southwell, 275 U.S. 64, 48 S.Ct. 25, 72 L.Ed. 157 (1927). None of the Supreme Court’s subsequent opinions in direct-negligence cases, such as Harrison v. Missouri Pac. R.R., supra, suggest that there must be proof that the employee’s act was done in furtherance of the employer’s business, and as…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- New Orleans & Ne. R.R. Co. v. Harris, 247 U.S. 367 (U.S. 1918)
- Davis v. Green, 260 U.S. 349 (U.S. 1922)
- ST. Louis-San Francisco Ry. Co. v. Mills, 271 U.S. 344 (U.S. 1926)