James Clark McReynolds

“ The petitioner maintained that there was no evidence to show the death resulted from its negligence, also that Bobo assumed the risk, and asked for an instructed verdict. The trial court wrongly, we think, refused this request.
The evidence shows that the deceased began his service as bridge tender in August, 1929, and continued until he disappeared February 4, 1930. His working hours were from 9 p.m. to 5 a.m. His duty was to open the draw for the passage of boats, then close it, see that the rails were properly aligned, and set the lights. ”

“ Also witnesses stated the stairs and platform were not adequately guarded-the single rail was not enough and was placed too low.
Respondent's theory is that, while properly discharging his duties, Bobo slipped, fell into the water, and drowned.
Our decisions clearly show that 'proof of negligence alone does not entitle the plaintiff to recover under the Federal Employers' Liability Act. The negligence complained of must be the cause of the injury. ”

“ The jury may not be permitted to speculate as to its cause, and the case must be withdrawn from its consideration, unless there is evidence from which the inference may reasonably be drawn that the injury suffered was caused by the negligent act of the employer.' Atchison, Topeka & Santa Fe Ry. ”