Still v. Norfolk & Western Railway Co.
Still v. Norfolk & Western Railway Co.
Opinion of the Court
delivered the opinion of the Court.
The Federal Employers’ Liability Act
Throughout the proceedings in the trial court, petitioner contended that no verdict should be directed against him on the grounds, among others: (1) that the allegations of fraud set up in the railroad’s special plea were not sufficient in law to state a defense under the Act; and (2) that even if the plea were sufficient in law, it rested upon questions of fact which should be submitted to the jury. On writ of error, the West Virginia Supreme Court of Appeals refused to overturn the trial court’s action on either of these two grounds. Though we recognized that the case might possibly be disposed of on the second of these grounds, we granted certiorari to consider the important question raised by petitioner’s first ground concerning the proper interpretation, scope and application of the Federal Employers’ Liability Act.
The railroad’s primary contention, which was accepted as the principal basis of the action of the trial court, is that the sufficiency in law of its fraud defense was established by this Court’s decision in Minneapolis, St. Paul & S. Ste. Marie R. Co. v. Rock.
The railroad here seeks to bring itself within the Rock decision by arguing that Rock established the principle that any false representation which deceives the employer and results in a railroad worker’s getting a job he would not otherwise have obtained is sufficient to bar the worker from recovering the damages Congress has provided for railroad workers negligently injured in the honest performance of their duties under the Federal Employers’ Liability Act. Although there is some language in the Rock opinion which might lend itself to such an interpretation, we think it plain that no such rule was ever intended. Certainly that was not the contemporaneous understanding of Rock among other courts as is plainly shown by the statements of Judge Nordbye when that interpretation of Rock was urged upon him only one year later at the trial of Minneapolis, St. Paul & S. Ste. Marie R. Co. v. Borum: “It is inconceivable to this court that Justice Butler intended to hold in the Rock case that every fraudulent violation of the rules framed for maintaining a certain standard of safety and efficiency of the employees would render such employment void and deny the defrauding employee any rights under the act. It seems quite clear that any fraud practiced by the plaintiff
Borum, who was forty-nine at the time, wanted a job with a railroad that had, in the interest of promoting safety and efficiency in its operations, adopted a rule against hiring men over forty-five. Knowing this, he told the railroad employment officials that he was only thirty-eight and, by this deliberate misrepresentation, obtained a job he would not otherwise have been given. Although Borum took the railroad’s required physical examination, it apparently knew nothing of Borum’s deception about his age until some seven years later, after he had lost both of his legs in an accident caused by the railroad’s negligence and had filed suit against it for damages under the Federal Employers’ Liability Act. Just before trial of this case, a last-minute investigation turned up Borum’s real age and the railroad sought to rely upon this fact to escape its liability under the Act. This Court unanimously upheld the Minnesota courts’ determination that Borum had a right to recover despite his admittedly fraudulent and material misrepresentation
In support of this conclusion, the Court in Borum pointed to a number of factual differences with the Rock case. The first mentioned, and apparently the most important of these in the mind of the Court, was the fact that Rock, unlike Borum, had obtained his employment as an “impostor” by presenting himself to the railroad under an assumed name after his initial application in his own name had been rejected. Secondly, the Court pointed to the fact that Rock, again unlike Borum, had never been approved as physically fit for employment by the railroad’s examining surgeon. Finally, the Court made reference to the fact that under the railroad’s own rules, it could not have discharged Borum for his misrepresentation because more than thirty days had passed since his original provisional employment and the rules made this action final unless changed within that period. But no one of these facts, as the Court recognized, was sufficient to justify a distinction between Rock and Borum based upon an acceptable reconciling principle. In both cases, the worker had been guilty of making a material, false and fraudulent representation without which he would not have been employed. And if such a method of obtaining employment was, as intimated in Rock, to be considered so “abhorrent to public policy” that the normal distinction between “void” and “voidable” contracts was to be ignored,
This factual distinction of Rock, though sufficient to show the non-existence of any broad principle that material misrepresentations relied upon by a railroad in hiring bar recovery under the Act, proved completely unsatisfactory to establish affirmatively an intelligible guide by which lower courts could decide what misrepresentations were so “abhorrent to public policy” as to compel a forfeiture of the worker’s right to recover under the Federal Employers’ Liability Act. And since Borum, the lower federal courts and state courts have been forced to struggle with the baffling problem of how much and what kinds of fraud are sufficiently abhorrent without further guidance from this Court. Consequently, in almost all of such cases, the courts have been faced with a dilemma occasioned by the fact that both parties have been able to argue with considerable force that a decision in their favor is absolutely required by one or the other of the two decisions on the question by this Court. The result in a vast majority of these courts has been an acceptance of Rock as laying down a narrow public policy holding to which Borum establishes the need for courts to make broad exceptions in appropriate cases. And, perhaps not so surprisingly, most cases have been deemed appropriate ones for avoiding the harsh consequences of Rock, with the
In this situation, it seems necessary for this Court, in the interest of the orderly administration of justice, to take a fresh look at this question in an effort to supply
The petitioner in this case was an employee under the Act and is therefore entitled to recover if he suffered injuries due to the railroad's negligence. It was therefore error to direct a verdict against him on the railroad’s plea of fraud. The case is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
45 U. S. C. §§ 51-60.
“Every common carrier by railroad while engaging in commerce between any of the "several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.” 45 U. S. C. § 51. (Emphasis supplied.)
365 U. S. 877
Id,., at 415.
Judge Nordbye’s opinion is not reported but appears in the record in the Borum case certified to this Court. See also Qualls v. Atchison, Topeka & Santa Fe R. Co., 112 Cal. App. 7, 17, 296 P. 645, 650: “This case [Rock] may be reasonably distinguished from the case at bar. In the Rock case the plaintiff was never really employed by the company. In the present ease the plaintiff was employed.” But cf. Fort Worth & Denver City R. Co. v. Griffith, 27 S. W. 2d 351, 354.
"The general rule is that fraud of this character renders a contract voidable rather than void, but that rule has been ignored in the Rock
See, e. g., Qualls v. Atchison, Topeka & Santa Fe R. Co., 112 Cal. App. 7, 17, 296 P. 645, 650 (misrepresentations as to past employment record held “immaterial”); Powers v. Michigan Central R. Co., 268 Ill. App. 493, 498 (misrepresentations as to age and past employment record held insufficient to justify application of Rock because Rock “involved an unusual state of facts”); Dawson v. Texas & Pacific R. Co., 123 Tex. 191, 196, 70 S. W. 2d 392, 394 (misrepresentations as to past employment record and medical history held no bar because they were “in nowise connected with the causé of his injury and not related to his fitness or his ability to discharge the duties required of him”); Texas & New Orleans R. Co. v. Webster, 123 Tex. 197, 201, 70 S. W. 2d 394, 396 (misrepresentations as to previous injury and litigation arising out of that injury held no bar because “it was not shown that his physical condition was such as to make his employment inconsistent with plaintiff in error’s proper policy or its reasonable rules to insure discharge of its duty to select fit employees”); Carter v. Peoria & Pekin Union R. Co., 275 Ill. App. 298, 303-304 (misrepresentations as to medical history held no bar because there was no “evidence to the effect that this former injury in any way disqualified or prevented appellant from properly performing his duties as switchman”); Phillips v. Southern Pacific Co., 14 Cal. App. 2d 454, 457, 58 P. 2d 688, 690 (misrepresentations as to past employment record held no bar even though facilitated by the use of an assumed name because there was no showing of “a causal connection between the injury and the misstatements in the application for employment”) ; Laughter v. Powell, 219 N. C. 689, 698, 14 S. E. 2d 826, 832 (misrepresentations as to age held no bar because there was, despite these misrepresentations, “a contract of employment, even though voidable, by which the relation of master and servant, or employer and employee, was created between defendants and plaintiff”); Newkirk v. Los Angeles Junction R. Co., 21 Cal. 2d 308, 320, 131 P. 2d 535, 543 (misrepresentations as to age held no bar because “[w]here employment is induced .by fraudulent representations of the employee not going to the factum of the contract the employment exists although there may be ground for rescinding the contract, and recovery may be had from the employer for negligent injury to the employee at least where there is no causal connection between the
Only four cases have been brought to the attention of this Court in which the railroad has been permitted to prevail on an issue raised by the defense of fraudulent procurement of employment. One of these, Fort Worth & Denver City R. Co. v. Griffith, 27 S. W. 2d 351,
For contemporaneous comment on the Rock decision, see Merrill, Misrepresentation to Secure Employment, 14 Minn. L. Rev. 646; Comment, 43 Harv. L. Rev. 141; Comment, 28 Mich. L. Rev. 357.
“A humane and realistic policy in such cases requires substantial proof of a direct causal connection between the misrepresentations made at the time of hiring and the subsequent injury to the employee, before any defense of fraud can be considered as a bar to a recovery.” Eresafe v. New York, New Haven & Hartford R. Co., 250 F. 2d 619, 621-622. Mention of a requirement of direct causal connection between the misrepresentations and the injury can be found in cases prior to Rock, but there too the requirement was used to permit recovery despite fraud. See, e. g., St. Louis & San Francisco R. Co. v. Brantley, 168 Ala. 579, 588, 53 So. 305, 307; Lupher v. Atchison, Topeka & Santa Fe R. Co., 81 Kan. 585, 589, 106 P. 284, 286; Galveston, Harrisburg & San Antonio R. Co. v. Harris, 48 Tex. Civ. App. 434, 437, 107 S. W. 108, 110; Louisville & Nashville R. Co. v. Lewis, 218 Ky. 197, 205, 291 S. W. 401, 404.
We do not, of course, mean to intimate that, in appropriate circumstances, evidence of a pre-existing physical defect might not be relevant on the issue of whether the injury complained of was caused by the railroad’s negligence “in whole or- in part” by tending to show either that the worker was not injured by the railroad at all, that, if injured, the railroad was not responsible for the full extent of the injury, or that damages should be diminished by the jury because of contributory negligence.
Indeed, if the decisions of this Court can be said to point in either direction, it is toward the conclusion that a causal connection between the injury and the misrepresentations is totally irrelevant. For, as this Court expressly recognized, there was no such connection in Rock. “While his [Rock’s] physical condition was not a cause of his injuries, it did have direct relation to the propriety of admitting him to such employment.” 279 U. S., at 415.
Dissenting Opinion
dissenting.
Claiming to have suffered injuries to his back by the negligence of fellow servants in the course of his employment by the respondent railroad in interstate commerce, petitioner brought this action against the railroad in a West Virginia court under the beneficent provisions of the Federal Employers’ Liability Act. 45 U. S. C. §§ 51-58.
This Court now not only reverses that judgment, but it also — I think quite gratuitously and erroneously— restricts the case of Minneapolis, St. P. & S. Ste. M. R. Co. v. Rock, 279 U. S. 410, "to its precise facts.” While the undisputed evidence of petitioner’s fraud upon the railroad in procuring the putative employment relationship seems fairly clear to me, as it did to the two state courts, I concede that reasonable men may differ about it; and therefore, if we must here deal with such fact issues, I am able to say that the issue should not have been determined by the court as a matter of law, but instead should have been submitted to the jury for resolution. But I am unable to agree to what I think is the Court’s gratuitous and erroneous restriction of the Rock case “to its precise facts,” and so I dissent.
The question is not whether one who has obtained an employee status with a railroad by a flagrant fraud may maintain an action to recover for injuries willfully or negligently inflicted upon him under, and subject to the
While the fraud that induced the putative employment relationship in the Bock case was so clear that this Court was able to and did determine the question as one of law, and the somewhat less compelling evidence of fraud in this case does not legally require a like result, that case does stand for the age-old and sound proposition that fraud in the inducement of a contract vitiates the contract. I cannot agree to a repudiation of that principle.
Irrespective of its legally clear fraudulent facts, the fundamental issue in the Bock case was “whether, notwithstanding the means by which he got employment . . . Lj petitioner] may maintain an action under the Federal Employers’ Liability Act.” 279 U. S., at 413. The same principle is involved here. Today, much as at the time of the Bock case, that “Act abrogates the fellow-servant rule [and] restricts the defenses of contributory negligence and assumption of risk,” id., at 413, yet here, as there, petitioner “in this action seeks, in virtue of its provisions and despite the rules of the common law, to hold [the railroad] liable for negligence of his fellow servants and notwithstanding his own negligence may have con
Even though the evidence of petitioner’s fraud in procuring the putative employment relationship here may not be sufficiently clear to enable the Court to declare it as a matter of law, and hence the issue must be submitted to the jury, surely the jury could find, on proper and sufficient evidence, that petitioner procured the putative employment relationship by fraud; and, since fraud in the inducement of the contract vitiates the contract, such a finding would establish that petitioner never, in truth, acquired the employment status which Congress intended to protect by the extraordinary provisions of the Act. Otherwise, “[t]he deception by which [petitioner may have] secured employment [would] set at naught the carrier’s reasonable rule and practice established to promote the safety of [the public, its patrons and its] employees and to protect commerce.” Such fraud would directly oppose “the public interest because calculated to embarrass and hinder the carrier in the performance of
Only a fair measure of simple honesty is involved. Surely, Congress contemplated and expected that such would be'necessary to create the status it was surrounding with these extraordinary rights.
Although the principles of the Rock case do not legally require a like result in this case, they properly do permit a jury, rightly instructed, to find, upon the aggravated evidence that so warrants, that the putative employment was induced by fraud. And if the jury should so find, it would follow that, in truth, the petitioner never did acquire and occupy an employee status within the meaning of the Act. This is but a simple application of the surely still valid principle that one may not profit from his own wrong. I think there is no call or reason here to tamper with the sound underlying principles of the Rock case.
Concurring Opinion
concurring in a judgment for a new trial.
The issue before the Court in this case is not the sufficiency of the evidence to sustain a verdict for or against an employee claiming recovery for injuries under the Federal Employers’ Liability Act, 46 U. S. C. §§ 51-58.
The Court does not now overrule Bock but says that it “must be limited to its precise facts.” I take it this statement refers to the facts relevant to the result in that case; it does not mean that the plaintiff must be named Rock.
The scope of the Bock decision was defined in Borum, a case on which the Court’s opinion now relies. The latter case came before this Court for review of the state court’s refusal to set aside an arbitral finding that the plaintiff had been an employee. The judgment was affirmed on the basis that the evidence did not require a finding that deceit in obtaining employment had materially prejudiced the employer’s efforts to select fit employees. The Court did not hold that the question of fraud in obtaining employment was improperly submitted to the trier of fact.
I would similarly dispose of this case; that is, upon a new trial the issue should not be withdrawn from the jury but submitted to it on the principle which governed the Borum case, supra.
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