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KELLEY v. SOUTHERN PACIFIC CO.

No. 73-1270.

419 U.S. 318 (1974)

95 S.Ct. 472

42 L.Ed.2d 498

KELLEY v. SOUTHERN PACIFIC CO.

Supreme Court of United States.

Decided December 23, 1974.

Attorney(s) appearing for the Case

R. Jay Engel argued the cause and filed briefs for petitioner.

John J. Corrigan argued the cause for respondent. With him on the brief was Donald O. Roy.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Petitioner Eugene Kelley was seriously injured when he fell from the top of a tri-level railroad car where he had been working. He sought recovery for his injuries from the respondent railroad under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. § 51-60. Under the FELA, a covered railroad is liable for negligently causing the injury or death of any person "while he is...

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