Bailey v. Central Vermont Railway

This action was brought under the Federal Employers Liability Act (45 U. S. C. ? 51) in the state courts of Vermont to recover damages for the death of Bernard E. Bailey, one of respondents employees. At the close of all the evidence respondent moved for a directed verdict. The court denied the motion and submitted the case to the jury which returned a verdict for petitioner. On appeal the Supreme Court of Vermont reversed, by a divided vote, holding that the motion for a directed verdict should have been granted because negligence was not shown. 113 Vt. 8, 28 A. 2d 639. The case is here on certiorari.