Legal Opinion
Embree v. Norfolk & Western Railway Co.
Missouri Court of Appeals
Decided October 3, 1995No. 66763PublishedCited by 8 opinions
1Opinion of the Court
DOWD, Judge.
Employee appeals from the judgment after a jury verdict in favor of Norfolk & Western Railway (Employer) in an action pursuant to the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 et seq. We affirm.
Employee began working for employer as a trackman in 1978. A trackman is a labor intensive position with responsibilities of maintaining railway tracks and crossings. A trackman’s duties include repairing “pull aparts” — imperfections in the rails caused by the shrinking of the metal under cold conditions. One method for repairing pull aparts required diesel fuel and sawdust…
2Cases cited12 opinions
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Rick E. Clark, & Cross-Appellee v. Burlington Northern, Inc., a Corporation, & Cross-AppellantCourt of Appeals for the Eighth Circuit · 1984
- Doisy v. EdwardsSupreme Court of Missouri · 1966
- State Ex Rel. Lichtor v. ClarkMissouri Court of Appeals · 1992
- Helm v. WismarSupreme Court of Missouri · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Giles v. Riverside Transport, Inc.Missouri Court of Appeals · 2008
- Brandt v. CsakiMissouri Court of Appeals · 1996
- Coats v. HickmanMissouri Court of Appeals · 1999
- Townsend v. Union Pacific RailroadMissouri Court of Appeals · 1998
- State v. CarterMissouri Court of Appeals · 2018
3 more not listed; retrieve them via the Exa API.