Still v. Norfolk & Western R. Co., 368 U.S. 35 (1961)
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368 U.S. 35 82 S.Ct. 148 7 L.Ed.2d 103 Carl STILL, Petitioner, v. NORFOLK & WESTERN RAILWAY CO. No. 48. Argued Oct. 19, 1961. Decided Nov. 13, 1961. Sidney S. Sachs, Washington, D.C., for petitioner. Joseph M. Sanders, Bluefield, W. Va., for respondent. Mr. Justice BLACK delivered the opinion of the Court. 1 The Federal Employers' Liability Act 1 requires railroads to pay damages for personal in juries negl igently i nflicted up on their emp loyees. The q uestion th is case presents is whether a railroad can escape this statutory liability by proving that an employee so injured has obtained his job by making false representations upon which the railroad rightfully relied in hiring him. 2 Petitioner brought this action in a West Virginia state court seeking damages for personal injuries from the respondent Norfolk & Western Railway Company, for which, as of the date of his alleged injuries, he had worked continuously except for a one-year interruption, for some six years. By special plea, the rail road set up as a defense the contentio n that petit ioner was n ot 'employed' by it within the meaning of the Act 2 and alleged in support of this defense: (1) that petitioner had made false and fraudulent representations in his application for employment with regard to his physical condition and other matters pertinent to his eligibility and capacity to serve as a railroad employee; (2) that petitioner would not have been hired but for these misrepresentations and the fact that they misled the railroad's hiring officials; and (3) that the very physical d efects which had been frau dulently c oncealed from the railroad contributed to the injury upon which petitioner's action is based. Petitioner's demurrer to this plea was overruled and evidence by both parties was presented
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Transcript of Still v. Norfolk & Western R. Co., 368 U.S. 35 (1961)
8/17/2019 Still v. Norfolk & Western R. Co., 368 U.S. 35 (1961)
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