Legal Opinion

Silas E. Counts v. Burlington Northern Railroad Company

Court of Appeals for the Ninth Circuit

Decided December 30, 1991No. 90-35661PublishedCited by 15 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

Burlington Northern Railroad Company (Burlington) appeals from an amended judgment of $320,450 in favor of former Burlington employee Silas Counts, following a bifurcated jury trial of Counts’ claims under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60. Burlington appeals on grounds that Counts’ theories for invalidating a release he entered into with Burlington were unprecedented or insufficient as a matter of law, and that Counts was allowed to use a jury that was tainted by prejudicial evidence from Burlington’s claims file to determine damages.…

2Cases cited20 opinions

  1. City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  4. Landes Construction Co., Inc., Plaintiff-Appellee/cross-Appellant v. Royal Bank of Canada, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1987
  5. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948

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3Cited by15 opinions

  1. The Home Indemnity Company, Plaintiff-Appellee-Cross-Appellant v. Lane Powell Moss and Miller, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1995
  2. Exxon Co. v. Sofec, Inc.Court of Appeals for the Ninth Circuit · 1995
  3. Rolscreen Company, an Iowa Corporation v. Pella Products of St. Louis, Incorporated, a Missouri CorporationCourt of Appeals for the Eighth Circuit · 1995
  4. Gillespie v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 2004
  5. Knapp v. Ernst & WhinneyCourt of Appeals for the Ninth Circuit · 1996

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