Section 22.4 Quantum of Proof

• Library: Tort Law 2016

C. (§22.4) Quantum of Proof

One substantive right provided by FELA is a jury trial in virtually every case. Blair v. Baltimore & O. R. Co., 323 U.S. 600, 602 (1945); Atl. & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355, 360 (1962). The right to a jury determination "is part and parcel of the remedy afforded" the working person under FELA. Bailey v. Cent. Vt. Ry., 319 U.S. 350, 354 (1943). "To deprive railroad ‘workers of the benefit of a jury trial in close or doubtful cases is to take away a goodly portion of the relief which Congress has afforded them.’" Blair, 323 U.S. at 602 (quoting Bailey, 319 U.S. at 354).

With respect to the quantum of proof necessary to support an action, the U.S. Supreme Court has stated:

Under this statute the test of a jury case is simply whether the proofs...