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LAVENDER V. KURN, 327 U. S. 645 (1946)

U.S. Supreme Court

Lavender v. Kurn, 327 U.S. 645 (1946)

Lavender v. Kurn

No. 550

Argued March 6, 7, 1946

Decided March 25, 1946

327 U.S. 645


1. In this action under the Federal Employers' Liability Act, the evidence of the defendants' negligence (detailed in the opinion) was sufficient to justify submission of the case to the jury, and the judgment of the appellate court setting aside the verdict for the plaintiff cannot be sustained. P. 327 U. S. 652.

2. There being a reasonable basis in the record for an inference by the jury that the injury resulted from the defendants' negligence, it is not within the province of the appellate court to weigh the conflicting evidence, judge the credibility of witnesses, and arrive at a conclusion opposite from that reached by the jury. P. 327 U. S. 652.

3. In suits under the Federal Employers' Liability Act, the appellate court's function is exhausted when the evidentiary basis for the jury's verdict becomes apparent, it being immaterial that the court might draw a contrary inference or consider another conclusion more reasonable. P. 327 U. S. 653.

4. Only when there is a complete absence of probative facts to support the conclusion reached by the jury does reversible error appear. P. 327 U. S. 653.

5. The jury could reasonably have inferred from the evidence in this case that the place at which the employee of the carrier was working, though technically a public street, was unsafe, and that this circumstance contributed in part to the employee's death. P. 327 U. S. 653.

6. In actions under the Federal Employers' Liability Act, rulings on the admissibility of evidence must normally be left to the sound discretion of the trial judge. P. 327 U. S. 654.

354 Mo.196, 189 S.W.2d 253, reversed.

In a suit brought in a state court under the Federal Employers' Liability Act by petitioner against the respondents,

Page 327 U. S. 646

a judgment for the petitioner was reversed by the Supreme Court of the State. This Court granted certiorari. 326 U.S. 713. Reversed, p. 327 U. S. 654.

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