Pierce Butler

“ There is nothing to support a finding that there was then any hole or depression in the yard, other than the open drain.
The Federal Employers' Liability Act permits recovery upon the basis of negligence only. The carrier is not liable to its employees because of any defect or insufficiency in plant or equipment that is not attributable to negligence. The burden was on plaintiff to adduce reasonable evidence to show a breach of duty owed by defendant to him in respect of the place where he was injured, and that in whole or in part his injuries resulted proximately therefrom. ”

“ Fault or negligence may not be found from the mere existence of the drain and the happening of the accident. The measure of duty owed by defendant to plaintiff was reasonable or ordinary care having regard to the circumstances. ”

“ Respondent sued petitioner under the Federal Employers' Liability Act (45 USCA §§ 51-59) in the circuit court of Hudson county, New Jersey, to recover damages for injuries sustained by him while in the service of petitioner. ”