Legal Opinion
Failing v. Burlington Northern Railroad
Colorado Court of Appeals
Decided March 28, 1991No. 89CA1006PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge JONES.
Defendant, Burlington Northern Railroad Company, appeals from a judgment entered on a jury verdict in favor of plaintiff, Ronald D. Failing, on a claim of negligence brought pursuant to the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA). Defendant contends that the trial court erred in refusing to grant a mistrial and in giving an instruction to the jury stating that the lack of a restraint system on locomotive seats was not preempted by federal law and was admissible as evidence of negligence. Defendant further contends that the trial court erred in…
2Cases cited27 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Elston v. Union Pacific RailroadColorado Court of Appeals · 2003
- Dupont v. PrestonColorado Court of Appeals · 2000
- Keranen v. National Railroad Passenger Corp.District of Columbia Court of Appeals · 2000
- Kohn v. Burlington Northern & Santa Fe RailroadColorado Court of Appeals · 2003
- Flexisystems, Inc. v. American Standards Testing Bureau, Inc.Colorado Court of Appeals · 1992