Legal Opinion

Seeberger v. Burlington Northern Railroad

Court of Appeals of Washington

Decided August 14, 1998No. 21102-5-IIPublishedCited by 2 opinions

1Opinion of the CourtMorgan, J.

— Raymond L. Seeberger sued his employer, Burlington Northern Railroad, under the Federal Employers’ Liability Act (FELA). The trial court granted summary judgment for the railroad. We reverse and remand for further proceedings.

Burlington Northern employed Seeberger as a “carman” in its Tacoma yard. It routinely equipped him with a “decking bar,” a five-foot metal bar with one flat end and one pointed end.

On February 8, 1993, Seeberger was told to check on a “hopper” (a grain car) that was leaking grain onto the tracks. He went to investigate, taking his decking bar with him. He found that…

2Cases cited26 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  3. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  4. Chicago, Milwaukee & St. Paul Railway Co. v. CooganSupreme Court of the United States · 1926
  5. Oscar Hines v. Consolidated Rail Corporation v. General Electric Company, Monsanto Company, and Penn Central CorporationCourt of Appeals for the Third Circuit · 1991

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3Cited by2 opinions

  1. Seeberger v. Burlington Northern RailroadWashington Supreme Court · 1999
  2. Seeberger v. Burlington Northern R. Co.Washington Supreme Court · 1999

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