William O. Douglas

“ The Federal Employers' Liability Act was designed to put on the railroad industry some of the cost for the legs, eyes, arms, and lives which it consumed in its operations. Not all these costs were imposed, for the Act did not mak the employer an insurer. The liability which it imposed was the liability for negligence. But judges had created numerous defenses-fellow-servant rule, assumption of risk, contributory negligence-so that the employer was often effectively insulated from liability even though it was responsible for maintenance of unsafe conditions of work. ”

“ Since the condition was one created by the Court and beyond effective control by Congress, it was appropriate and fitting that the Court correct it. In fact, a decision not to correct it was to let the administration of this law be governed not by the aim of the legislation to safeguard employees but by a hostile philosophy that permeated its interpretation.
The basis of liability under the Act is and remains negligence. Judges will not always agree as to what facts are necessary to establish negligence. ”

“ Wheeling & L.E.R. Co. v. Keith, 332 U.S. 763, 68 S.Ct. 67; Delaware, Lackawanna & W.R. Co. v. Mostyn, 332 U.S. 770, 68 S.Ct. 82; Atlantic Coast Line R. Co. et al. v. Meeks, 333 U.S. 827, 68 S.Ct. 453; Wabash R. Co. v. ”