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FELA jury case test

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 372 U.S. 108 - Gallick v. Baltimore & Ohio Railroad · 1963Most cited · 1,593 citing opinions

the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part * * * in producing the injury * * *. It does not matter that, from the evidence, the jury may also with reason, on grounds of probability, attribute the result to other causes * * *. Judges are to fix their sights primarily to make that appraisal and, if that test is met, are bound to find that a case for the jury is made out whether or not the evidence allows the jury a choice of other probabilities.