Legal Opinion

Richard J. Schmitz v. Canadian Pacific Railway Company, Doing Business as Soo Line Railroad Company, a Corporation

Court of Appeals for the Seventh Circuit

Decided July 20, 2006No. 04-1960PublishedCited by 24 opinions

1Opinion of the Court

SYKES, Circuit Judge.

Richard Schmitz, a train conductor for Canadian Pacific Railway Company (“Canadian Pacific”), was walking alongside the tracks late one night inspecting his train’s brakes with a lantern when he stepped into a hole and injured his leg. He sued Canadian Pacific under the Federal Em ployers’ Liability Act (“FELA”), 1 alleging that Canadian Pacific negligently allowed trackside vegetation to grow so tall that he could not see the hole. A jury found Canadian Pacific not negligent.

Schmitz raises jury instruction errors on appeal. He argues that the district court improperly…

2Cases cited10 opinions

  1. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  2. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  3. Norman Calhoun v. Kenneth Ramsey, Sheriff of Kane County, and Correctional Medical Services, Inc.Court of Appeals for the Seventh Circuit · 2005
  4. Susie Hebron v. Catherine Touhy and Albert ParksCourt of Appeals for the Seventh Circuit · 1994
  5. Gerald Schobert and Ronald E. Werner v. Illinois Department of TransportationCourt of Appeals for the Seventh Circuit · 2002

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Anne Payne v. CSX Transportation, Inc.Tennessee Supreme Court · 2015
  2. Huff v. SheahanCourt of Appeals for the Seventh Circuit · 2007
  3. Martin Jaranowski v. Indiana Harbor Belt Railroad CompanyCourt of Appeals for the Seventh Circuit · 2023
  4. Delores Ammons-Lewis v. Metropolitan Water Reclamation District of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2007
  5. Daniela Javier v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2012

19 more not listed; retrieve them via the Exa API.

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