Legal Opinion
William Birchem v. Burlington Northern Railroad Company, a Corporation
Court of Appeals for the Eighth Circuit
Decided February 26, 1987No. 86-5253PublishedCited by 39 opinions
1Opinion of the Court
LAY, Chief Judge.
William Birchem sued his employer, Burlington Northern Railroad (Railroad), under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA), after he was injured in two on-the-job accidents. A jury found for Birchem and awarded him $150,000. The district court 1 denied the Railroad’s motion for a new trial, and the Railroad appeals. The basic issue on appeal is whether the trial court erred in failing to submit to the jury the question of Birchem’s alleged contributory negligence. Facts
William Birchem began working for the Railroad in April, 1970. His work…
2Cases cited5 opinions
- Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986
- John J. Borough v. Duluth, Missabe & Iron Range Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1985
- Lester Gene Brown v. Cedar Rapids and Iowa City Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1981
- Maizie Boling Edgar v. Deborah Finley, a Minor, by Edward Finley, Her Next FriendCourt of Appeals for the Eighth Circuit · 1963
- Wayne T. Wilson v. Burlington Northern, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1982
3Cited by39 opinions
- Barbara Jean Johnson, Cross-Appellant v. Offshore Express, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Hose v. Chicago Northwestern Transportation Co.Court of Appeals for the Eighth Circuit · 1995
- Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, IncCourt of Appeals for the Third Circuit · 1995
- Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D., Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D.Court of Appeals for the Eighth Circuit · 1998
- Steven Bissett and David Westergren v. Burlington Northern Railroad Company, David Westergren v. Burlington Northern Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1992
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