UNITED STATES SUPREME COURT DECISIONS ON-LINE

In this action under the Federal Employers' Liability Act, in which there was conflicting evidence concerning a forklift truck which fell into an open elevator shaft on top of petitioner, petitioner was awarded damages by the jury. The Maryland Court of Appeals held that the issue of employer negligence should not have been submitted to the jury, and that the trial court erred in denying the railroad's motions for a directed verdict and judgment n.o.v.

Held: The state appellate court improperly invaded the function and province of the jury.

Certiorari granted; 235 Md. 568, 202 A.2d 348, reversed.