Wilkerson v. Mccarthy

336 U.S. 53 (1949)

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Nature of the Case

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Facts

Wilkerson (P) was taking a shortcut over a pit when he slipped and suffered injuries. The railroad (D) had taken measures to prevent people from using this shortcut by chaining off the pit. P sued D for his injuries under the Federal Employers' Liability Act. The trial court directed a verdict for D, stating that there was no evidence of D's negligence to give to the jury. This was apparently due to poor performance by P's attorney. P appealed. The Utah Supreme Court affirmed. The United States Supreme Court then granted certiorari.