William O. Douglas

“ The party aggrieved by the decision of the circuit court of appeals and seeking a further review in the Supreme Court is required to present to it a petition and accompanying brief, setting forth the nature of the case, what questions are involved, how they were decided in the circuit court of appeals, and why the case should not rest on the decision of that court. The petition and brief are required to be served on the other party, and time is given for the presentation of an opposing brief. ”

“ Of the 77 petitions denied, 32 were by employees who sought reversal of a lower court's decision to withhold the case from the jury or to upset a jury's verdict. Eight more employees wanted this Court to overturn jury verdicts rendered in the employers' favor.
Of the petitions filed by employers, 35 asked this Court to reverse a lower court decision upholding a jury verdict or holding that the case should have been submitted to a jury. Employers in two other petitions complained of the lower court's action in setting aside a jury verdict and granting a new trial. ”

“ Every member of the Court has known instances where he has strongly protested the action of the minority in bringing a case or type of case here for adjudication. He may then feel that there are more important and pressing matters to which the Court should give its attention. That is, however, a price we pay for keeping our promise to Congress [3] to let the vote of four Justices bring up any case here on certiorari. hearings and not secure a decision by the whole court, it is proper to call attention to the very thorough and complete system by which discretionary jurisdiction is exercised. ”

“ In answer to interrogatories the jury found that respondent had been negligent in that 'the tie of the track (petitioner) was required to walk was elevated a substantial distance above the ground level and was covered with grease or oil, thereby affording unstable footing.' A verdict in the sum of $25,000 was returned which on review was set aside by the Ohio Supreme Court. ”

“ See Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 559, 77 S.Ct. 443, 459, 478, 1 L.Ed.2d 493 (dissenting opinions) . The extreme character of the adjudication which has been made in this case also deserves something more than merely noting my dissent on the merits, for I do not think that the reversal of this judgment is to be justified even under the philosophy of Rogers.
Petitioner was injured while engaged, as a member of a 'wreck train crew,' in retracking two derailed boxcars on the line of another railroad during the early morning of a 'sleety, wet and sloppy' day. ”

“ Whether that right has been impaired in a particular instance often produces a contrariety of views. Yet the practice of the Court in allowing four out of nine votes to control the certiorari docket is well established and of long duration. [2] Without it, the vast discretion which Congress allowed us in granting or denying certiorari might not be tolerable. ”

“ We have granted certiorari in these cases on an average of less than 3 per year and have given plenary consideration to slightly more than 1 per year. Wastage of our time is therefore a false issue.
The difference between the majority and minority of the Court in our treatment of FELA cases concerns the degree of vigilance we should exercise in safeguarding the jury trial-guaranteed by the Seventh Amendment and part and parcel of the remedy under this Federal Act when suit is brought in state courts. ”

“ The operation involved the use on each car of a derrick and four outriggers. Each outrigger was supported from beneath by wooden blocks. The first derailed car was successfully retracked. The equipment then had to be moved for a similar operation on the second car. ”