CONNER
v.
BUTLER ET AL.

U.S. | 1959-10-19
No. 328
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.
361 U.S. 29 Supreme Court of the United States (1959) Caution
Also reported at: 4 L. Ed. 2d 10 · 80 S. Ct. 21 · 1959 U.S. LEXIS 263 · SCDB 1959-002
Cited by 52 cases
Opinion of the Court
Per Curiam.'

Per Curiam.'

The petition for writ of certiorari is granted. The judgment of the District Court of Appeal of Florida, Third District, is reversed and the case is remanded for further proceedings in conformity with this opinion. We hold that the proofs were sufficient to submit to the jury the question whether employer negligence played a part in producing the petitioner’s injury. Rogers v. Missouri Pacific R. Co., 352 U. S. 500.

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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (14 total)

  • Verla Mae Gaymon v. Quinn Menhaden Fisheries OF Tex., Inc., 118 So. 2d 42 (Fla. 1st DCA 1960)
    …ppealed from was entered neither this Court nor the trial Court had the benefit of the opinion of the United States Supreme Court (Conner v. Butler, 109 So. 2d 183) reversing a decision of the Florida District Court of Appeal for the Third District. 361 U.S. 29, 80 S.Ct. 21, 4 L.Ed.2d 10. In that cause the facts, briefly, were that the plaintiff, a hose cutter for the defendant railroad, properly and in the course of his duties, crossed through a passenger car on a train being made up. The raised platform…
  • McCALLEY v. Seaboard Coast Line R.R. Co., 265 So. 2d 11 (Fla. 1972)
    …42, 46 (Fla.App.1st 1960). . Atlantic Coast Line Railroad Co. v. Barrett, 101 So. 2d 37, 49 (Fla.1958). . 395 U.S. 164, 166, 89 S.Ct. 1706, 1708, 23 L.Ed.2d 176 (1969). . 109 So. 2d 183, 184 (Fla.App.3rd), cert. den. 113 So. 2d 835 (Fla.1959). . 361 U.S. 29, 80 S.Ct. 21, 4 L.Ed.2d 10 (1959). . Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957). . Id. at 506, 77 S.Ct. at 448. . 98 A.L.R.2d 653, 657 (1964). . 66 F. 2d 373 (C.C.A.8th 1933). . Id. at 378: “[A]n e…
  • Henderson v. CSX Transp., Inc., 617 So. 2d 770 (Fla. 1st DCA 1993)
    …urt granted certiorari and summarily reversed, citing Rogers, and stating: “We hold that the proofs were sufficient to submit to the jury the question whether employer negligence played a part in producing the petitioner’s injury.” Conner v. Butler, 361 U.S. 29, 80 S.Ct. 21, 4 L.Ed.2d 10 (1959). Whether the evidence before the trial court was sufficient to meet the substantive requirements set out in Rogers must be evaluated according to Florida procedural law regarding summary judgments. That law is, lik…

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