Blair v. Baltimore & Ohio Railroad Co

In Blair v. Baltimore & Ohio Railroad Co, 323 U.S. 600, 89 L. Ed. 490, 65 S. Ct. 545 (1945), the Supreme Court, in reinstating an award under FELA, held there was sufficient evidence of the railroad defendant's negligence to have the issue determined by a jury. In so holding, the Supreme Court stated as follows: "The negligence of the employer may be determined by viewing its conduct as a whole. And especially is this true in a case such as this, where the several elements from which negligence might be inferred are so closely interwoven as to form a single pattern, and where each imparts character to the others." Further reading of the opinion, however, indicates that the cumulative impact of the "several elements from which negligence might be inferred" was not the deciding factor in the decision. Rather, it is evident from the text immediately following what is quoted above that the Supreme Court had already accepted the premise that the railroad employer was negligent in several respects, any one of which would have been actionable in its own right, and the relationship between all of these undisputed manifestations of negligence only enhanced an already meritorious action: The nature of the duty which the petitioner was commanded to undertake, the dangers of moving a greased, 1000 pound steel tube, 30 feet in length, on a 5 foot truck, the area over which that truck was compelled to be moved, the suitableness of the tools used in an extraordinary manner to accomplish a novel purpose, the number of men assigned to assist him, their experience in such work and their ability to perform the duties and the manner in which they performed those duties--all of these raised questions appropriate for a jury to appraise in considering whether or not the injury was the result of negligence as alleged in the complaint. We cannot say as a matter of law that the railroad complied with its duties in a reasonably careful manner under the circumstances here, nor that the conduct which the jury might have found to be negligent did not contribute to petitioner's injury "in whole or in part." Consequently, we think the jury, and not the court should finally determine these issues. Id. at 604-05.