Legal Opinion
Don Nivens v. St. Louis Southwestern Railway Company
Court of Appeals for the Fifth Circuit
Decided May 20, 1970No. 28251PublishedCited by 45 opinions
1Opinion of the Court
INGRAHAM, Circuit Judge.
The St. Louis Southwestern Railway Co. (the railroad) appeals from a jury verdict holding it liable under § 1 of the Federal Employers’ Liability Act 1 (the Act) for injuries incurred by one of its brakemen, the appellee (Nivens) in a train derailment. The accident occurred when the appellant’s train ran aground in a drainage culvert which had washed out in a rainstorm.
Nivens’ suit sought alternative bases for finding the railroad liable (1) that the railroad was negligent in permitting its employees to work in an unsafe place, 1. e., upon a defectively designed…
2Cases cited13 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Lavender v. KurnSupreme Court of the United States · 1946
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Sinkler v. Missouri Pacific RailroadSupreme Court of the United States · 1958
- Crane v. Cedar Rapids & Iowa City Railway Co.Supreme Court of the United States · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Jerry Wayne Davis v. Hill Engineering, Inc. And Williams-Mcwilliams Co., Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1977
- Whitney Allen v. Seacoast Products, Inc.Court of Appeals for the Fifth Circuit · 1980
- Clarence J. Williams v. National Railroad Passenger CorporationCourt of Appeals for the Seventh Circuit · 1998
- Morgan Yawn, Jr. v. Southern Railway Company, Etc.Court of Appeals for the Fifth Circuit · 1979
- Orie W. Davis v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1976
40 more not listed; retrieve them via the Exa API.