Spencer v. Norfolk S. Ry. Co.

Plaintiff, an employee of Norfolk Southern Railway Company (the Railroad), was injured while pulling a switch while at work. Plaintiff sued the Railroad under the Federal Employers’ Liability Act (FELA), alleging that the Railroad was negligent because it knew or should have known that the switch was not operating properly. The jury returned a verdict for the Railroad. The Court of Appeals reversed, holding that the trial court’s instruction to the jury on notice was erroneous. The Supreme Court reversed the judgment of the Court of Appeals and reinstated the verdict of the jury, holding that the jury instruction requiring Plaintiff to prove that the Railroad knew or should have known that on the day of the incident the switch was not operating properly qualified as “substantially accurate” in the context of the entire charge, and therefore, a new trial was not warranted. View "Spencer v. Norfolk S. Ry. Co. " on Justia Law