Weaver v. Missouri Pacific Railroad

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether compliance with the Locomotive Inspection Act, 49 U.S.C. § 20701 et. seq. (LIA)(formerly the Boiler Inspection Act, 45 U.S.C. § 23 et seq.), and regulations promulgated thereto, regulating locomotive cabin conditions, precludes finding negligence under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. Because the district court did not err in allowing the jury to consider such negligence, we AFFIRM.

I

Richard Weaver was employed by Missouri Pacific Railroad as the engineer of a train on the night of 12 June…