Tovrea v. Denver & Rio Grande Western Railroad

HODGES, * Justice.

Plaintiff appeals a judgment dismissing his claim against defendant Burlington Northern, Inc. (Burlington) and a judgment entered after a jury verdict in favor of defendant Denver & Rio Grande Western Railroad Co. (D. & R.G.). We reverse as to D. & R.G. and affirm as to Burlington.

Plaintiffs complaint alleged that on the night of May 22, 1975, while employed by D. & R.G., he was injured as he attempted to uncouple a locomotive from a string of railroad cars. Plaintiff asserted claims under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., and the Federal Safety…