ELGIN, JOLIET & EASTERN RAILWAY CO.
v.
GIBSON
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The Supreme Court denied certiorari in a Federal Employers' Liability Act case where the Seventh Circuit Court of Appeals had held that speculation, conjecture, and possibilities could support a jury verdict. Justice Frankfurter's memorandum clarified that denial of certiorari carries no legal significance and does not imply approval of the lower court's decision or reasoning, cautioning against using such denials to reinforce the authority of lower court precedents.
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C. A. 7th Cir. Certiorari denied.
Memorandum of
Mr. Justice Frankfurter,
in which Mr. Justice Harlan joins.
Although the Court has definitively decided that a denial of a petition for certiorari carries no legal significance, Brown v. Allen, 344 U. S. 443, 489-497, the bar, in briefs, and lower courts, in their opinions, continue to note such denials by way of reinforcing the authority of cited lower court decisions. It has therefore seemed to me appropriate from time to time to emphasize through concrete illustrations that a denial of certiorari does not imply approval of the decision for which review is sought or of its supporting opinion. This case presents another instance for underlining this nonsignificance of the denial of certiorari. Not until this Court explicitly holds that “in F. E. L. A. cases, speculation, conjecture and possibilities suffice to support a jury verdict,” which is the holding of the Court of Appeals in this case, 246 F. 2d 834, 837, is that to be assumed to be the law of this Court.
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Harris v. Pa. R.R. Co., 361 U.S. 15 (U.S. 1959)…. Co. v. Justis, 352 U. S. 833. Chicago Great Western R. Co. v. Scovel, 352 U. S. 835. New York, Chicago & St. Louis R. Co. v. Masiglowa, 352 U. S. 1003. Illinois Central R. Co. v. Bowman, 355 U. S. 837. Elgin, Joliet & Eastern R. Co. v. Gibson, 355 U. S. 897. Martin v. Tindell, 355 U. S. 959. Kansas City Southern R. Co. v. Thomas, 356 U. S. 959. [*25] Missouri-Kansas-Texas R. Co. v. Bush, 358 U. S. 827. Wabash R. Co. v. Wehrli, 358 U. S. 932. Butler et al. v. Watts, 359 U. S. 926. Pennsylvania R. Co…
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United States v. Coppola, 281 F.2d 340 (2d Cir. 1960)…8, rehearing denied, 1958, 358 U.S. 914, 79 S.Ct. 239, 3 L.Ed. 2d 235. However, a denial of a writ of certiorari imports no expression of opinion upon the merits of the decision wherein it is sought. Elgin, Joliet & Eastern Ry. Co. v. Gibson, 1957, 355 U.S. 897, 78 S.Ct. 270, 2 L.Ed.2d 193; Brown v. Allen, 1953, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469, rehearing denied, 1953, 345 U.S. 946, 73 S.Ct. 827, 97 L.Ed. 1370; House v. Mayo, 1945, 324 U.S. 42, 65 S.Ct. 517, 89 L.Ed. 739, rehearing denied, 1945, 32…
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Landry v. TWO R. Drilling Co., 511 F.2d 138 (5th Cir. 1975)…edents on sufficiency of evidence in FELA and Jones Act matters 1 and in all other respects correct, I concur. However we may view these holdings,2 we must apply them. . See Gibson v. Elgin, J & E Ry., 246 F. 2d 834, 837 (7th Cir.), cert. denied, 355 U.S. 897, 78 S.Ct. 270, 2 L.Ed.2d 193 (1957) (“Under the recent decisions of the United States Supreme Court in F.E.L.A. cases, speculation, conjecture and possibilities suffice to support a jury verdict.”) . 9 Wright & Miller, Federal Practice and Proce…
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- Brown v. Allen, 344 U.S. 443 (U.S. 1953)
- Clairon Vern Gibson v. Elgin, 246 F.2d 834 (7th Cir. 1957)