This section contains the nature of the case and procedural background.

Clarence worked for the Reading Co. (D) as an engineman. His widow (P) sued D for requiring Clarence to report to work when he did not feel good and was ill. P claimed that her husband’s death on the job was the result of his being forced to work while being sick. Clarence had called in sick, but the yardmaster gave him no choice. While at work, he did not look well and told others that he was sick. In the first trial, P got an award of $30,000. In the second trial, the court directed a verdict against P. P appealed based on the exclusion of evidence from two affidavits obtained by D after the suit had been filed, her own testimony about her husband's phone conversation with the yardmaster and the testimony by two workers, a fireman and conductor, about remarks Clarence made in the train yard on the day in question.

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