Legal Opinion
Jerry Ackley v. Chicago and North Western Transportation Company, a Corporation
Court of Appeals for the Eighth Circuit
Decided July 16, 1987No. 86-5168PublishedCited by 58 opinions
1Opinion of the Court
LAY, Chief Judge.
Jerry Ackley appeals from the district court’s order denying his motion for a new trial after a jury verdict for the defendant railroad. Ackley attacks the court’s jury instructions regarding contributory negligence, assumption of risk, and an employer’s duty under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA), to provide a reasonably safe place to work. We reverse and remand for a new trial.
Facts
On November 30, 1982, Ackley was injured on the job at Chicago and North Western Railroad (Railroad) as he was winterizing windows at the roundhouse in…
2Cases cited22 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Urie v. ThompsonSupreme Court of the United States · 1949
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
17 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- David Harbin v. Burlington Northern Railroad CompanyCourt of Appeals for the Seventh Circuit · 1990
- Earwood v. Norfolk Southern Railway Co.District Court, N.D. Georgia · 1993
- Leland L. Lockard, Lynette Lockard v. Missouri Pacific Railroad Company, a Corporation, Rosella Ray D/B/A Rosella Ray's Boarding House. Leland L. Lockard, Lynette Lockard v. Missouri Pacific Railroad Company, a Corporation, Rosella Ray D/B/A Rosella Ray's Boarding HouseCourt of Appeals for the Eighth Circuit · 1990
- Robert B. Peyton, Jr. v. St. Louis Southwestern Railway CompanyCourt of Appeals for the Eighth Circuit · 1992
- James E. Gottshall v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1993
53 more not listed; retrieve them via the Exa API.