NEW YORK CENTRAL R.R. V. GRIMSTAD
264 F. 334 (1920)
NATURE OF THE CASE: This is an action under the federal Employers' Liability Act to
recover damages for the death of a railroad company worker. Railroad (D) challenged the
decision which denied D's motion to dismiss P estate's action under the Federal Employers'
Liability Act, Comp. St. 8657-8665, to recover damages for the death of P's decedent,
captain of a barge owned by D.
FACTS: Grimstad (P) was a passenger on New York Central R.R.'s (D) barge. D's barge was
bumped by a tug. P, who could not swim, fell overboard. P's wife saw him in the water. She
ran to get help. When she returned with a rope, P had drowned. P sued under the Employer's
Liability Act for damages from P's death. P's wife claimed that had there been a life
preserver on board, she could have saved him. D moved to dismiss the complaint because the
issue of whether a life preserver or life buoy would have saved D was pure speculation and
conjecture in the absence of any testimony on that issue. The jury ruled for P, holding that
D was negligent in not equipping the barge with life preservers. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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