Harris v. Pennsylvania Railroad Company/Opinion of the Court

United States Supreme Court

361 U.S. 15

Harris  v.  Pennsylvania Railroad Company

 Argued: Oct. 19, 1959. ---

The petition for writ of certiorari is granted. The judgment of the Supreme Court of Ohio is reversed and the case is remanded for proceedings in conformity with this opinion. We hold that the proofs justified with reason the jury's conclusion, embodied in answers to Interrogatories to Jury numbers I and II, that employer negligence played a part in producing the petitioner's injury. Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493. See also Moore v. Terminal Railroad Ass'n, 358 U.S. 31, 79 S.Ct. 2, 3 L.Ed.2d 25, and cases cited therein. We therefore find it unnecessary to consider the petitioner's challenge to the Ohio procedure governing interrogatories to the jury.

For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 77 S.Ct. 443, 459, 1 L.Ed.2d 493, Mr. Justice FRANKFURTER is of the view that the writ of certiorari is improvidently granted.

Reversed and remanded with directions.

Mr. Justice STEWART took no part in the consideration or decision of this case.

(For dissenting opinion of Mr. Justice HARLAN, joined by Mr. Justice WHITTAKER, see 80 S.Ct. 29.)

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