Burns, Administratix, v. Penn Central C

519 F.2d 512 (2nd Cir. 1975)

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Nature of the Case

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Facts

Burns (P) sued Penn Central (D) for the death of her husband during the performance of his duties as an employee. The suit was authorized by the Federal Employers' Liability Act and was tried before a jury. Burns' husband was killed by a rifle shot from the vicinity of 128th street. Unbeknown to him and the other employees there had been serious violence near this area in the past. Records of D evidenced knowledge of this violence, and the issue was whether D was obligated to take measures to protect its employees. The jury was unable to reach a verdict. The judge then determined that D was entitled to judgment as a matter of law and granted D's motion for a directed verdict; D claimed, and the judge agreed that the killing by a rifle shot was not foreseeable. P appealed.