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332 U.S. 459

Lillie v. Thompson

Supreme Court of the United States

Decided November 24, 1947.

Supreme Court of the United States · decided 1947-11-24

1 counsel of record

Key passage — most relied on by later courts

“alleged in effect that [the railroad] was aware of conditions which created a likelihood that a young woman performing the duties required of [the telegraph operator] would suffer just such an injury as was in fact inflicted upon her.”

quoted by 2 later decisions, including Dalka v. Wisconsin Central, Ltd., Kline v. 1500 Massachusetts Avenue Apartment Corp.

“[T]he fact that 'the foreseeable danger was from intentional or criminal misconduct is irrelevant; respondent nonetheless had a duty to make reasonable provision against it.'”

quoted by 2 later decisions, including Goldberg v. Housing Auth. of City of Newark, Vance v. Consol. Rail Corp.

Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)

Relies on Davis v. Green · St Louis-San Francisco Ry Co v. Mills · Gallardo v. Santini Fertilizer Co.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · 9–0 · Decided 1947-11-24

How this case has been cited

Cited by 315 later decisions (36 by the Supreme Court) — most recently June 2023 · most notably Rogers v. Missouri Pacific Railroad (1957), Gallick v. Baltimore & Ohio Railroad (1963)

113 federal appellate · 17 district · 116 state decisions — followed in 24 states

990194719501960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*460Grover N. McCormick and N. Murry Edwards for petitioner.

¶2Per Curiam.

¶3Petitioner sued for damages under the Federal Employers’ Liability Act.1 The essence of her claim was that she was injured as a result of the respondent’s negligence in sending her to work in a place he knew to be unsafe without taking reasonable measures to protect her.

¶4The district court dismissed the complaint for failure to state a cause of action and entered summary judgment for the respondent. The Circuit Court of Appeals affirmed without opinion. 162 F. 2d 716.

¶5There is thus a single issue in the case: Could it be found from the facts alleged in the complaint, as supplemented by any uncontroverted allegations by the respondent, that petitioner’s injuries resulted at least in part from respondent’s negligence?2

¶6Petitioner’s allegations may be summarized as follows: Respondent required her, a 22-year-old telegraph operator, to work alone between 11:30 p. m. and 7:30 a. m. in a one-room frame building situated in an isolated part of respondent’s railroad yards in Memphis. Though respondent had reason to know the yards were frequented by dangerous characters, he failed to exercise reasonable care *461to light the building and its surroundings or to guard or patrol it in any way. Petitioner’s duties were to receive and deliver messages to men operating trains in the yard. In order for the trainmen to get the messages it was necessary for them to come to the building at irregular intervals throughout the night, and it was petitioner’s duty to admit them when they knocked. Because there were no windows in the building’s single door or on the side of the building in which the door was located, petitioner could identify persons seeking entrance only by unlocking and opening the door. About 1:30 a. m. on the night of her injury petitioner responded to a knock, thinking that some of respondent’s trainmen were seeking admission. She opened the door, and before she could close it a man entered and beat her with a large piece of iron, seriously and permanently injuring her.

¶7In support of his motion for summary judgment respondent alleged, and petitioner did not deny, that the assailant was not an employee of the respondent and that the attack was criminal.

¶8The district court stated, in explanation of its action, that there would be no causal connection between the injury and respondent’s failure to light or guard the premises, and that the law does not permit recovery “for the intentional or criminal acts” of either a fellow-employee or an outsider.3

¶9We are of the opinion that the allegations in the complaint, if supported by evidence, will warrant submission to a jury. Petitioner alleged in effect that respondent was aware of conditions which created a likelihood that a young woman performing the duties required of peti*462tioner would suffer just such an injury as was in fact inflicted upon her. That the foreseeable danger was from intentional or criminal misconduct is irrelevant; respondent nonetheless had a duty to make reasonable provision against it.4 Breach of that duty would be negligence, and we cannot say as a matter of law that petitioner’s injury did not result at least in part from such negligence. The cases cited by the district court,5 we believe, do not support the broad proposition enunciated by it, and do not cover the fact situation set forth by the pleadings in this case.

¶10Certiorari is granted, and the judgment is reversed and the case remanded to the district court.

¶11Reversed.

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