Legal Opinion
Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.
Court of Appeals for the Ninth Circuit
Decided November 25, 1983No. 81-3161PublishedCited by 87 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
In this wrongful death case brought with diversity jurisdiction, the jury found Burlington Northern, Inc. liable for negligence when one of its freight trains collided with a truck at a grade crossing, killing Kenneth Marshall. The jury awarded Marshall’s surviving widow $75,000 in compensatory damages and $750,000 in punitive damages. We reverse and remand for a new trial.
I. Federal Preemption of On-Train Warning Devices
The Burlington train that collided with Marshall was equipped with a bell, a whistle, two front white headlights, one right above the other, and a…
2Cases cited12 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
- Malone v. White Motor Corp.Supreme Court of the United States · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- In Re Asbestos Products Liability Litigation (No. VI)Court of Appeals for the Third Circuit · 2016
- Kurns v. Railroad Friction Products Corp.Supreme Court of the United States · 2012
- Michael P. McGinn v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1996
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc.Court of Appeals for the Eleventh Circuit · 1991
82 more not listed; retrieve them via the Exa API.