Elgin, Joliet & E. Ry. Co. v. Gibson, 355 U.S. 897 (1957). · Go Syfert
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Elgin, Joliet & E. Ry. Co. v. Gibson, 355 U.S. 897 (1957). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1975 · …under the recent decisions of the united states supreme court in f.e.l.a. cases, speculation, conjecture and possibilities suffice to support a jury verdict. ⚠ not in text
27 citation events (1 in the last 25 years) across 14 distinct courts.
Strongest positive: Carlew v. BURLINGTON NORTHERN RR CO. (ala, 1987-09-11) · Strongest negative: Peter J. Zegan v. Central Railroad Company of New Jersey (ca3, 1959-03-31)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "but see" Peter J. Zegan v. Central Railroad Company of New Jersey (2×)
3rd Cir. · 1959 · signal: but see · confidence high
Co., 7 Cir., 1957, 246 F.2d 834 ; but see 355 U.S. 897 , 78 S.Ct. 270 , 2 L.Ed.2d 193 for Mr. Justice Frankfurter’s comment on the Supreme Court’s denial of certiorari in that case. .
discussed Cited as authority (quoted) Carlew v. BURLINGTON NORTHERN RR CO.
Ala. · 1987 · quote attribution · 1 verbatim quote · confidence low
ot until this court explicitly holds that in 'fela cases, speculation, conjecture and possibilities suffice to support a jury verdict,' . . . is that to be assumed to be the law of this court
discussed Cited as authority (quoted) Landry v. Two R. Drilling Company
5th Cir. · 1975 · quote attribution · 1 verbatim quote · confidence low
under the recent decisions of the united states supreme court in f.e.l.a. cases, speculation, conjecture and possibilities suffice to support a jury verdict.
discussed Cited as authority (quoted) Landry v. Two R. Drilling Co.
5th Cir. · 1975 · signal: see · quote attribution · 1 verbatim quote · confidence high
under the recent decisions of the united states supreme court in f.e.l.a. cases, speculation, conjecture and possibilities suffice to support a jury verdict.
Retrieving the full opinion text from the archive…
Elgin, Joliet & Eastern Railway Co.
v.
Gibson
No. 565.
Supreme Court of the United States.
Dec 9, 1957.
355 U.S. 897
Harlan L. Hackbert for petitioner. Justin Waitkus for respondent.
Frankfurter, Harlan.
Cited by 15 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 88%
Citer courts: Fifth Circuit (2) · Supreme Court of Alabama (1)

C. A. 7th Cir. Certiorari denied.

Memorandum of

Mr. Justice Frankfurter, in which Mr. Justice Harlan joins.

Although the Court has definitively decided that a denial of a petition for certiorari carries no legal significance, Brown v. Allen, 344 U. S. 443, 489-497, the bar, in briefs, and lower courts, in their opinions, continue to note such denials by way of reinforcing the authority of cited lower court decisions. It has therefore seemed to me appropriate from time to time to emphasize through concrete illustrations that a denial of certiorari does not imply approval of the decision for which review is sought or of its supporting opinion. This case presents another instance for underlining this nonsignificance of the denial of certiorari. Not until this Court explicitly holds that “in F. E. L. A. cases, speculation, conjecture and possibilities suffice to support a jury verdict,” which is the holding of the Court of Appeals in this case, 246 F. 2d 834, 837, is that to be assumed to be the law of this Court.