WILKERSON V. MCCARTHY
336 U.S. 53 (1949)
NATURE OF THE CASE:
This was an action brought in state court under the Federal Employers' Liability Act.
FACTS:
Wilkerson (P) was taking a shortcut over a pit when he slipped and suffered injuries. The
railroad (D) had taken measures to prevent people from using this shortcut by chaining off
the pit. P sued D for his injuries under the Federal Employers' Liability Act. The trial
court directed a verdict for D, stating that there was no evidence of D's negligence to
give to the jury. This was apparently due to poor performance by P's attorney. P appealed.
The Utah Supreme Court affirmed. The United States Supreme Court then granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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