Legal Opinion
Missouri Pacific Railroad Company v. Kansas Gas and Electric Company
Court of Appeals for the Tenth Circuit
Decided December 1, 1988No. 87-1103PublishedCited by 91 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
Under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, “a railroad has the nondelegable duty to provide its employees with a safe place to work even when they are required to go onto the premises of a third party over which the railroad has no control.” Shenker v. Baltimore & Ohio R.R. Co., 374 U.S. 1, 7, 83 S.Ct. 1667, 1671, 10 L.Ed.2d 709 (1963). Therefore, as a condition to furnishing rail service to the premises of defendant-appellant, Kansas Gas and Electric (KG & E), plaintiff-appellee, Missouri Pacific Railroad (MoPac), required a guarantee of…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Improvement Company v. MunsonSupreme Court of the United States · 1872
26 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Amfac, Inc. v. Waikiki Beachcomber Investment Co.Hawaii Supreme Court · 1992
- Smith v. MaschnerCourt of Appeals for the Tenth Circuit · 1990
- Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
- Equifax Services, Inc., D/B/A Equifax Commercial Specialists F/k/a White & White Inspection and Audit Service, Inc. v. Steven A. HitzCourt of Appeals for the Tenth Circuit · 1990
- Kaiser-Francis Oil Company, a Delaware Corporation v. Producer's Gas Company, a Texas CorporationCourt of Appeals for the Tenth Circuit · 1989
86 more not listed; retrieve them via the Exa API.