Legal Opinion
Janke v. Duluth & Northeastern Railroad
Court of Appeals of Minnesota
Decided August 25, 1992No. C1-92-563PublishedCited by 6 opinions
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Appellant Randy Janke brought an action against respondent Duluth & Northeastern Railroad Company under the Federal Employers’ Liability Act (FELA) to recover damages for a work-related injury. The jury found respondent 25% negligent and appellant 75% negligent. Appellant claims the trial court erred in failing to instruct the jury that assumption of risk is not a defense under FELA. He also claims respondent presented no evidence of contributory negligence and therefore the court erred in denying his motion for judgment notwithstanding the verdict. Finally, he…
2Cases cited8 opinions
- Francis v. Heater v. The Chesapeake and Ohio Railway CompanyCourt of Appeals for the Seventh Circuit · 1974
- Rick E. Clark, & Cross-Appellee v. Burlington Northern, Inc., a Corporation, & Cross-AppellantCourt of Appeals for the Eighth Circuit · 1984
- Seidl v. Trollhaugen, Inc.Supreme Court of Minnesota · 1975
- William Birchem v. Burlington Northern Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1987
- Billy Richardson v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1982
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3Cited by6 opinions
- Lively v. RufusWest Virginia Supreme Court · 2000
- SDDS, Inc. v. StateSouth Dakota Supreme Court · 2002
- Baker v. Amtrak National Railroad PassengerCourt of Appeals of Minnesota · 1999
- Boubelik v. Liberty State BankCourt of Appeals of Minnesota · 1995
- Manor Care Inc. v. Tom DouglasWest Virginia Supreme Court · 2014
1 more not listed; retrieve them via the Exa API.