Legal Opinion

Lessee v. Union Pacific Railroad

Court of Appeals of Washington

Decided October 22, 1984No. 11692-4-IPublishedCited by 8 opinions

1Opinion of the Court

Corbett, A.C.J.

James D. Lessee appeals from the judgment of dismissal entered at the close of his case. We affirm.

Lessee brought this action against Union Pacific Railroad (UP) seeking compensation for a noise-induced hearing loss he suffered during his employment with UP. The claim was based upon the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, and the boiler inspection act (BIA), 45 U.S.C. § 23. Federal and state jurisdiction under the FELA is concurrent, 45 U.S.C. § 56, and federal decisions construing the act are controlling. Chicago, M. & St. P. Ry. v. Coogan, 271 U.S.…

2Cases cited26 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  4. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  5. Wilkerson v. McCarthySupreme Court of the United States · 1949

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3Cited by8 opinions

  1. Para-Medical Leasing, Inc. v. HangenCourt of Appeals of Washington · 1987
  2. Raymond v. IngramCourt of Appeals of Washington · 1987
  3. Seeberger v. Burlington Northern RailroadWashington Supreme Court · 1999
  4. Seeberger v. Burlington Northern R. Co.Washington Supreme Court · 1999
  5. Pearson v. SchubachCourt of Appeals of Washington · 1988

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