Legal Opinion
Kloewer v. Burlington Northern, Inc.
Court of Appeals for the Eighth Circuit
Decided March 12, 1975No. 74-1399PublishedCited by 6 opinions
1Opinion of the Court
LAY, Circuit Judge.
This wrongful death diversity case tried under Nebraska law evolved from a fatal accident at a farm railroad crossing in Cass County, Nebraska. The Burling*302ton Northern Railroad appeals an $80,-000 verdict rendered against it. On appeal the railroad urges us to vacate the judgment on three grounds: (1) that the plaintiff’s decedent, Joseph P. Kloewer, was guilty of contributory negligence as a matter of law sufficient to bar recovery under the Nebraska comparative negligence statute; (2) that the decedent was a trespasser or bare licensee to whom the railroad owed only the…
2Cases cited30 opinions
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Continental Can Company, Inc., a Corporation v. Bernard F. Horton and Leroy L. Wade & Son, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1957
- Omaha & Republican Valley Railway Co. v. TalbotNebraska Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. MetcalfNebraska Supreme Court · 1895
- Pro v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1957
25 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- John D. Melia, Special Administrator of the Estate of Pearl Lorraine Norgaard, Deceased v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1976
- Lois Barclay, Special Administratrix of the Estate of Walter Barclay, Jr., Deceased v. Burlington Northern, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1976
- Hurst v. Union Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1992
- Hurst v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 1992
- Kloewer v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1975
1 more not listed; retrieve them via the Exa API.