opinion: HARRISON v. MISSOURI PACIFIC RAILROAD CO.
  No. 690.
  Decided February 25, 1963.
  Mark D. Eagleton for petitioner.
  Ralph D. Walker for respondent.
  Per Curiam.
  The petition for writ of certiorari is granted. The judgment is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
  The petitioner, a section foreman for respondent railroad, was assaulted by one of his section gang whom he accused of stealing a ballast fork. In this action under the Federal Employers’ Liability Act, 45 U. S. C. § 51 et seq., the petitioner was awarded damages by a jury in the Circuit Court of St. Clair County, Illinois. The trial judge set aside the verdict and granted respondent’s motion for judgment notwithstanding the verdict. The Appellate Court affirmed, 35 Ill. App. 2d 66, 181 N. E. 2d 737. Its judgment became final when the Illinois Supreme Court denied petitioner leave to appeal. Ill. Rev. Stat., 1961, c. 110, § 75.
  The trial judge granted respondent’s motion on the ground that “there was a lack of evidence to sustain” the jury’s verdict. The Appellate Court, in affirming, held that there was no evidence sufficient to support a finding that the respondent knew or should have known prior to the assault of propensities of the assailant to commit such assaults.
  We think that the Illinois courts improperly invaded the function and province of the jury in this case. While “. . . reasonable foreseeability of harm is an essential ingredient of Federal Employers’ Liability Act negligence,” Gallick v. Baltimore & Ohio B. Co., ante, p. 108, at 117, we have held that the fact that “the foreseeable danger was from intentional or criminal misconduct is irrelevant; respondent nonetheless had a duty to make reasonable provision against it.” Lillie v. Thompson, 332 U. S. 459, 462. The petitioner’s evidence was that his immediate superior, a roadmaster, assigned the assailant to petitioner’s crew and at the time warned him: “You will have to watch him because he is a bad actor and a trouble maker. You will have to watch him.” He also testified to having several times complained to the roadmaster about the assailant’s misconduct and refusal to follow his orders during the two months the assailant was with his crew. Finally, he testified that after the assault the roadmaster said to him: “I told you to look out for him. Now you got yourself in plenty of trouble.” This testimony was disputed but, if believed by the jury, it constituted probative facts sufficient to support the jury’s finding of foreseeability and withstand the respondent’s motion. McBride v. Toledo Terminal R. Co., 354 U. S. 517; Ringhiser v. Chesapeake & O. R. Co., 354 U. S. 901; see also Rogers v. Missouri Pac. R. Co., 352 U. S. 500.
  Mr. Justice Harlan and Mr. Justice Stewart would deny certiorari. See dissenting opinion of Frankfurter, J., and separate opinion of Harlan, J., in Rogers v. Missouri Pac. R. Co., 352 U. S. 500, 524, 559; concurring opinion of Stewart, J., in Sentilles v. Inter-Caribbean Shipping Corp., 361 U. S. 107, 111; dissenting opinion of Harlan, J., in Callick v. Baltimore & Ohio R. Co., ante, p. 122. The case having been taken, however, they concur in the judgment of the Court. 352 U. S., at 559-562; 361 U. S., at 111.
choices: antitrust (except in the context of mergers and union antitrust) mergers bankruptcy (except in the context of priority of federal fiscal claims) sufficiency of evidence: typically in the context of a jury's determination of compensation for injury or death election of remedies: legal remedies available to injured persons or things liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action. liability, other than as in sufficiency of evidence, election of remedies, punitive damages liability, punitive damages Employee Retirement Income Security Act (cf. union trust funds) state or local government tax state and territorial land claims state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation) federal or state regulation of securities natural resources - environmental protection (cf. national supremacy: natural resources, national supremacy: pollution) corruption, governmental or governmental regulation of other than as in campaign spending zoning: constitutionality of such ordinances, or restrictions on owners' or lessors' use of real property arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration) federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts patents and copyrights: patent patents and copyrights: copyright patents and copyrights: trademark patents and copyrights: patentability of computer processes federal or state regulation of transportation regulation: railroad federal and some few state regulations of transportation regulation: boat federal and some few state regulation of transportation regulation:truck, or motor carrier federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline) federal and some few state regulation of transportation regulation: airline federal and some few state regulation of public utilities regulation: electric power federal and some few state regulation of public utilities regulation: nuclear power federal and some few state regulation of public utilities regulation: oil producer federal and some few state regulation of public utilities regulation: gas producer federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline) federal and some few state regulation of public utilities regulation: radio and television (cf. cable television) federal and some few state regulation of public utilities regulation: cable television (cf. radio and television) federal and some few state regulations of public utilities regulation: telephone or telegraph company miscellaneous economic regulation