Louis Brandeis, Yazoo Company v. Mullins — Opinion of the Court
“ But the trial court also instructed the jury that 'it was the absolute duty of the defendant to furnish the deceased with a safe place to perform the duties incident to his employment.' It is clear that, under the circumstances of this case, the duty was not an absolute one; there was merely a duty to use reasonable care. ”
Louis Brandeis, Yazoo Company v. Mullins — Opinion of the Court
“ Mullins, a flagman on the Yazoo & Mississippi Valley Railroad, was injured while engaged in switching an interstate train. He died within a few hours; and his administratrix brought suit in a state court of Mississippi under the federal Employers' Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. §§ 8657-8665] ) . At the trial the railroad requested a directed verdict on the ground that there was no evidence of negligence on its part. ”
