Arnold v. Panhandle and Santa Fe Railway Company/Dissent Frankfurter

Mr. Justice FRANKFURTER, dissenting.

I would dismiss the writ as improvidently granted for the reasons set forth in my dissent in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 77 S.Ct. 443, 459, 1 L.Ed.2d 493. Insofar as review of the decision of the Texas court involves the question of an inconsistency between the general verdict and the special findings on the central issue of negligence, the inappropriateness of granting certiorari to re-examine the record is glaringly emphasized.

Mr. Justice HARLAN, whom Mr. Justice BURTON and Mr. Justice WHITTAKER join, dissenting.

As this case presents a different situation from that involved in other negligence cases which, in increasing numbers I regret to say, have been passed on by this Court during the current Term, I am constrained to write a few words in explanation of my dissent, beyond the views expressed in my dissenting opinion in Rogers v. Missouri Pac. R. Co., 352 U.S. 500, 559, 77 S.Ct. 443, 478, 479, 1 L.Ed.2d 493.

This case involves more than the problem of the sufficiency of the evidence to support a jury verdict. Under Texas procedure, the trial court in this case required the jury to bring in a general verdict on the issue of whether the respondent had negligently failed to furnish petitioner with a safe place to work, and, if so, whether such failure was a contributing cause to the accident. The jury was also asked to make findings on special issues put to it by the court. The jury's general verdict was favorable to the petitioner, but its findings on the special issues were in favor of the respondent, and, as I see them, were wholly inconsistent with the general verdict. In these circumstances the state appellate court, applying Texas law, held that the general verdict must yield to the inconsistent findings on the special issues, and that the trial court should have entered judgment for the respondent.

I am unable to see any valid basis for this Court's action in upsetting this state judgment. Clearly, it seems to me, the Texas procedural rule which the Court of Civil Appeals applied in resolving the head-on collision in the jury's verdict did not subvert assertion of the federal rights established by the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Compare Brown v. Western R. Co., 338 U.S. 294, 70 S.Ct. 105, 94 L.Ed. 100. Nor, in my opinion, can it be said that resolving these inconsistencies, in accordance with this local rule of practice, deprived the petitioner of any substantive right given him by the federal statute. Compare Dice v. Akron, Canton & Y.R. Co., 342 U.S. 359, 72 S.Ct. 312, 96 L.Ed. 398. Indeed, the procedural rule applied by the Texas court is identical with that which would have been applicable, in the same circumstances, had this case been tried in a federal court. See Fed.Rules Civ.Proc., rule 49(b), 28 U.S.C.A.

I would affirm.