Hugo Black

“ But the courts so empowered are creatures of the States, with such structures and functions as the States are free to devise and define. Congress has not imposed jurisdiction on State courts for claims under the Act 'as against an otherwise valid excuse.' Douglas v. ”

“ We hold that the allegations of the complaint do set forth a cause of action which should not have been dismissed. It charged that respondent had allowed 'clinkers' and other debris 'to collect in said yards along the side of the tracks'; that such debris made the 'yards unsafe'; that respondent thus failed to supply him a reasonably safe place to work, but directed him to work in said yards 'under the conditions above described'; that it was necessary for petitioner 'to cross over all such material and debris' ”

“ The Georgia Court of Appeals held that 'Stripped of its details, the petition shows that the plaintiff was injured while in the performance of his duties when he stepped on a large clinker lying alongside the track in the railroad yards. * * * The mere presence of a large clinker in a railroad yard cannot be said to constitute an act of negligence. ”

“ Insignificant as this case appears on the surface, its disposition depends on the adjustment made between two judicial systems charged with the enforcement of a law binding on both. This, it bears recalling, is an important factor in the working of our federalism without needless friction. ”