Legal Opinion

Stack v. Chicago, Milwaukee, St. Paul and Pacific Railroad Co.

Washington Supreme Court

Decided August 7, 1980No. 46861PublishedCited by 34 opinions

1Opinion of the CourtStafford, J.

This is an appeal from a trial court ruling that in an action brought under the Federal Employers' Liability Act (FELA) defendant/third party plaintiff Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) could not counterclaim against its injured plaintiff employees or pursue a third party claim against other employee crew members for property damage allegedly caused by their negligence.

The case arises from a head-on collision of two trains owned and operated by Milwaukee. The Extra Train 171 West failed to stop short of a designated "meet" point to enable Train 200 East to…

2Cases cited14 opinions

  1. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  2. Doremus v. RootWashington Supreme Court · 1901
  3. Granquist v. Crystal Springs Lumber Co.Mississippi Supreme Court · 1941
  4. Kozar v. Chesapeake and Ohio Railway CompanyDistrict Court, W.D. Michigan · 1970
  5. American Southern Insurance Co. v. Dime Taxi Svc., Inc.Supreme Court of Alabama · 1963

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3Cited by34 opinions

  1. State v. RiversWashington Supreme Court · 1996
  2. Withhart v. Otto Candies, L.L.CCourt of Appeals for the Fifth Circuit · 2005
  3. Robert M. Nordgren v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1997
  4. Robert M. Cavanaugh, and Martha E. Cavanaugh v. Western Maryland Railway Company and Baltimore and Ohio Railroad CompanyCourt of Appeals for the Fourth Circuit · 1984
  5. Paul Sprague v. Boston and Maine Corporation, Paul Sprague v. Boston and Maine CorpCourt of Appeals for the First Circuit · 1985

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

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