Legal Opinion

Southern Railway Company v. Earl N. Bryan

Court of Appeals for the Fifth Circuit

Decided April 3, 1967No. 23782_1PublishedCited by 17 opinions

1Opinion of the Court

BREWSTER, District Judge:

The railroad is appealing from a judgment rendered in favor of one of its employees in an action for damages for personal injuries brought under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq., alleging in separate counts a violation of the Boiler Inspection Act, 45 U.S.C.A. § 23, and common law negligence.

The overall question presented here is whether the issue of liability under the count predicated upon the alleged violation of the Boiler Inspection Act was settled as a matter of law. Each party claimed that it was so settled in his favor. The trial…

2Cases cited8 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
  4. O'Donnell v. Elgin, Joliet & Eastern Railway Co.Supreme Court of the United States · 1949
  5. Emmett E. Page v. St. Louis Southwestern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963

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

3Cited by17 opinions

  1. Lester D. King v. Southern Pacific Transportation CompanyCourt of Appeals for the Tenth Circuit · 1988
  2. Herold v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1985
  3. Weber v. BNSF Railway Co.Montana Supreme Court · 2011
  4. Elston v. Union Pacific RailroadColorado Court of Appeals · 2003
  5. Duchsherer v. Northern Pacific Railway Co.Court of Appeals of Washington · 1971

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

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