Cruzan v. New York Central & Hudson River Railroad Co.
Supreme Judicial Court of Massachusetts
116 N.E. 879 (1917)
Relevant factsFree
A brakeman was killed after being struck by an oncoming train while climbing down a ladder on the side of a freight train, and Cruzan (plaintiff) sued the Railroad (defendant) under the Federal Employers Liability Act, alleging the fireman and engineer of the oncoming train were negligent; both the fireman and engineer testified they never saw the brakeman in time to prevent the accident, and the trial judge nonetheless refused to enter a verdict for the Railroad.
IssueFree
Whether a plaintiff may sustain a claim for negligence without offering affirmative evidence that negligence occurred.