Legal Opinion
Kevin Cowden v. BNSF Railway Company
Court of Appeals for the Eighth Circuit
Decided September 4, 2012No. 11-2003PublishedCited by 59 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
Kevin D. Cowden sustained injuries while riding in a locomotive operated by his employer, BNSF Railway Company. Cowden brought suit seeking compensation under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 et seq. The district court concluded that relevant regulations promulgated under the Federal Railroad Safety Act (FRSA), 49 U.S.C. § 20101, et seq., provided the sole duty of care owed to Cowden in relation to his claim. The district court ruled that Cow-den had not demonstrated a failure to comply with the relevant regulations and that Cowden had…
2Cases cited25 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- MD Mall Associates, LLC v. CSX Transportation, Inc.Court of Appeals for the Third Circuit · 2013
- Norfolk Southern Railway Co. v. ZeaglerSupreme Court of Georgia · 2013
- Illinois Central Railroad v. BrentMississippi Supreme Court · 2013
- CSX Transportation, Inc. v. PittsCourt of Appeals of Maryland · 2013
- Fair v. BNSF Railway Co.California Court of Appeal · 2015
54 more not listed; retrieve them via the Exa API.