Byron White

“ Although we have concluded that the jury could properly find that there was a causal relationship between the railroad's negligence and petitioner's injuries, that does not end the case. [4] Respondent makes the further argument that the judgment under review may be sustained on the alternative ground, not accepted by the Court of Appeals, that the injury was not reasonably foreseeable, and that therefore there was no negligence.
We agree with respondent that reasonable foreseeability of harm is an essential ingredient of Federal Employers' Liability Act negligence. ”

“ In his complaint petitioner alleged respondent's negligence both in permitting the stagnant pool to accumulate dead vermin and attract insects, and in its furnishing a defective and unsafe place for petitioner's work. The respondent denied any negligence and contended that if petitioner's serious injuries resulted from an insect bite sustained while working on railroad property, such consequences 'were beyond the realm of reasonable probability or foreseeability, with the result that no duty arose' to exercise due care to protect petitioner 'from any such risk.' 173 N.E.2d at 384. ”

“ In the other, No. 20, the jury found that respondent did not have reason to anticipate that its maintenance of the pool 'would or might probably result in a mishap or an injury.' It is said that interrogatories Nos. 20 and 22 are findings of no foreseeability, and that there is therefore a fatal inconsistency among the jury's findings and that they cancel one another out, necessitating a judgment for the defendant, or at least a new trial. ”

“ What would ordinarily prudent persons have done under like circumstances?'↑ 'The B & O in this case was not required to guard against that which a reasonably prudent person, under the circumstances, would not anticipate as likely to happen. ”