Legal Opinion

Denver and Rio Grande Western Railroad Company, a Corporation v. Erma Maxine Conley, Administratrix of the Estate of Leslie S. Conley, Deceased

Court of Appeals for the Tenth Circuit

Decided July 21, 1961No. 6657_1PublishedCited by 19 opinions

1Opinion of the Court

MURRAH, Chief Judge.

Defendant-railroad is appealing from the trial court’s judgment in an action arising under the F.E.L.A., 45 U.S.C.A. § 51 et seq., awarding plaintiff damages for the death of her husband.

The undisputed facts show that while in the course of his employment with the railroad, decedent received injuries to his back when a switch engine on which he was riding passed over a faulty section of track, on which a rail broke, causing him to be thrown to the ground. The track in question was neither owned nor maintained by defendant. Some time later, decedent was advised to have an…

2Cases cited10 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Herdman v. Pennsylvania RailroadSupreme Court of the United States · 1957
  4. Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
  5. Francis P. Beattie v. Elgin, Joliet and Eastern Railway Co.Court of Appeals for the Seventh Circuit · 1955

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Powell v. BradyColorado Court of Appeals · 1972
  2. Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D., Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D.Court of Appeals for the Eighth Circuit · 1998
  3. William J. Welsh, Appellee/cross-Appellant v. Burlington Northern, Inc., Employee Benefits Plan, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1995
  4. Lester Gene Brown v. Cedar Rapids and Iowa City Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1981
  5. Pust v. Union Supply Co.Colorado Court of Appeals · 1977

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