Legal Opinion
Hebert v. Southern Pacific Transportation Co.
Court of Appeals for the Fifth Circuit
Decided February 6, 1976No. 74-3296PublishedCited by 3 opinions
1Per curiam
In this action under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, plaintiff Hebert appeals from the grant of the defendant railroad’s motion for summary judgment. The injury which is the basis of this suit occurred when Hebert was unloading piggyback trailers from a railroad car. At the time of the accident, Hebert was employed by Southern Pacific Transport Company, a wholly owned subsidiary of the railroad.
Under the FELA, a covered railroad is liable for negligently causing the injury or death of any person “while he. is employed” by the railroad. 45 U.S.C. § 51.…
2Cases cited5 opinions
- Kelley v. Southern Pacific Co.Supreme Court of the United States · 1974
- Eckel v. BrennerSupreme Court of the United States · 1965
- James Odell Smith v. Norfolk and Western Railway CompanyCourt of Appeals for the Fourth Circuit · 1969
- Eugene C. Kelley v. Southern Pacific Company, a CorporationCourt of Appeals for the Ninth Circuit · 1973
- Denia M. Fawcett, Administratrix of the Estate of Floyd S. Fawcett v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1965
3Cited by3 opinions
- Hebert v. Southern Pacific Transportation CoCourt of Appeals for the Fifth Circuit · 1976
- Hebert v. Southern Pacific Transportation Co.Supreme Court of the United States · 1976
- Hebert v. Southern Pacific Transportation Co.Supreme Court of the United States · 1976