opinion: Per Curiam.
  The respondent was a waitress in the grill car of one of petitioner’s trains. She brought this action under the Federal Employers’ Liability Act, 45 U. S. C. § 51 et seq., for damages for injuries allegedly sustained when an emergency application of the brakes brought the train to a sudden stop. A jury which heard the case in the District Court for the District of Massachusetts returned a verdict for respondent. The trial judge denied the petitioner’s motions for judgment notwithstanding the verdict and for a new trial. The Court of Appeals for the First Circuit affirmed, 272 F. 2d 153. We granted certiorari, 362 U. S. 967.
  The train was pulling into petitioner’s station at Providence, Rhode Island, for a scheduled stop. One Montell, apparently to commit suicide, stepped on the track from the station platform as the train approached alongside the platform. The engineer made the emergency application of the brakes in an unsuccessful effort to stop the train before it reached Montell. We have examined the trial record and hold that the proofs were insufficient to submit to the jury the question whether employer negligence played a part in the emergency application of the brakes which allegedly produced the respondent’s injury. See Herdman v. Pennsylvania R. Co., 352 U. S. 518.
  The judgment of the Court of Appeals is reversed and the cause remanded to the District Court with direction to enter judgment for the petitioner notwithstanding the verdict.
  It is so ordered.
  Mr. Justice Black and Mr. Justice Douglas dissent. They believe there was evidence of negligence sufficient for the jury, as summarized by Judge Woodbury, speaking for a unanimous Court of Appeals. 272 F. 2d 153. They also dissent from the direction to enter judgment for the petitioner, since they are of the view that if there is a reversal, there should be a new trial. See Galloway v. United States, 319 U. S. 372, 396 (dissenting opinion).
  For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524, Mr. Justice Frankfurter is of the view that the writ of certiorari was improvidently granted.
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