Legal Opinion
Brent L. Van Boening v. Chicago and North Western Transportation Company, a Corporation
Court of Appeals for the Eighth Circuit
Decided August 24, 1989No. 88-5237PublishedCited by 5 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
Brent Van Boening brought suit under the negligence section of the Federal Employers’ Liability Act, 45 U.S.C. § 51, against his employer, the Chicago and North Western Transportation Company (the Railroad), to recover damages for personal injuries caused by the Railroad’s negligence. After a general jury verdict for the Railroad of no liability, Van Boening appealed, alleging three grounds for reversal: (1) the trial court refused to direct a verdict for plaintiff despite uncontradicted evidence of negligence; (2) a jury instruction implicitly injected contributory…
2Cases cited7 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Toledo, St. Louis & Western Railroad v. AllenSupreme Court of the United States · 1928
- William Birchem v. Burlington Northern Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1987
- John J. Borough v. Duluth, Missabe & Iron Range Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1985
- Wayne T. Wilson v. Burlington Northern, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1982
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3Cited by5 opinions
- Gustafson v. Burlington Northern RailroadNebraska Supreme Court · 1997
- Roach v. CSX Transp., Inc.District Court of Appeal of Florida · 1992
- McNeal v. Union Pacific RailroadMissouri Court of Appeals · 1993
- Bailey v. Arkansas and Missouri Railroad CompanyDistrict Court, W.D. Arkansas · 2022
- Gustafson v. Burlington Northern RailroadNebraska Supreme Court · 1997