Kath v. Burlington Northern Railroad

OPINION

NIERENGARTEN, Judge.

Respondent Eileen Kath sued appellant Burlington Northern Railroad Company (Burlington) for the wrongful death of her husband, Robert Kath. The jury found Burlington had been negligent under the Federal Employers’ Liability Act, 45 U.S.C. A. § 51 et seq. (1986) (FELA), and had violated the Federal Boiler Inspection Act, 45 U.S.C.A. § 23 (1986). Burlington’s post-trial motions were denied and it appeals.

FACTS

The decedent, Robert Kath, in 1942, at the age of 18, began working for Northern Pacific, Burlington’s predecessor, as a laborer. For approximately two months,…