Legal Opinion
Woods v. Burlington Northern & Santa Fe Railway
Montana Supreme Court
Decided November 23, 2004No. 03-139PublishedCited by 3 opinions
1Opinion of the CourtJustice Cotter
¶1 Lillian Woods (Lillian), the widow of Andre “Pete” Woods (Woods), appeals the District Court’s determination that Burlington Northern Santa Fe Railroad (BNSF or the Railroad) was not negligent per se when one of its employees, Gordon Holloway (Holloway), failed to comply with the terms of a track warrant. The resulting collision caused Woods’ death. We reverse and remand.
ISSUES
¶2 A restatement of the issues before this Court is:
¶3 Did the District Court err in finding that BNSF was not negligent per se?
¶4 Did the District Court err in allowing the jury to consider whether Woods was…
2Cases cited12 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- Michael Pratico v. Portland Terminal CompanyCourt of Appeals for the First Circuit · 1985
- Bernard E. Walden v. Illinois Central Gulf Railroad, a CorporationCourt of Appeals for the Seventh Circuit · 1992
- Thomas N. Eckert v. Aliquippa & Southern Railroad CompanyCourt of Appeals for the Third Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. NelsonMontana Supreme Court · 2008
- Woods v. Burlington Northern and Santa Fe Railway Co.Montana Supreme Court · 2004
- Woods v. BURLINGTON NORTH. AND SANTA FE RY.Montana Supreme Court · 2004