Legal Opinion

George M. Diede v. Burlington Northern Railroad Company

Court of Appeals for the Ninth Circuit

Decided September 27, 1985No. 84-4233PublishedCited by 13 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

George M. Diede, a brakeman for the Burlington Northern Railroad Co., was injured when the locomotive on which he was working derailed as a result of sabotage. Diede filed a complaint against the railroad under both the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60 (1982), and the Boiler Safety Inspection Act (also referred as to the Locomotive Inspection Act), 45 U.S.C. §§ 22-34 (1982).

Diede claimed that when the locomotive derailed and tipped over, he was struck in the head by a “Bio-Pak,” a suitcase-like container holding a mask with an oxygen supply.…

2Cases cited12 opinions

  1. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  2. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  3. Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
  4. Burgess v. Premier Corp.Court of Appeals for the Ninth Circuit · 1984
  5. Davis & Cox, a Partnership, Plaintiff-Appellee/cross-Appellant v. Summa Corporation, Defendant-Appellant/cross-Appellee. Chester C. Davis, Plaintiff-Appellee/cross-Appellant v. Summa Corporation, Defendant-Appellant/cross-Appellee. Summa Corporation, Defendant-Counterclaimant/appellant v. Davis & Cox, a Partnership, Chester C. Davis, Maxwell E. Cox, Howard M. Jaffe and Martin Cook, Plaintiffs-Counterdefendants/appellees. Summa Corporation, Hughes Aircraft Corporation, Defendants- Counterclaimants/appellants v. Chester C. Davis, Davis & Cox, Maxwell E. Cox, Howard M. Jaffe and D. Martin Cook, Counterdefendants/appelleesCourt of Appeals for the Ninth Circuit · 1985

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3Cited by13 opinions

  1. Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986
  2. Nachtsheim v. Beech Aircraft Corp.Court of Appeals for the Seventh Circuit · 1988
  3. Straub v. BNSF Ry. Co.Court of Appeals for the Tenth Circuit · 2018
  4. Reilly v. United StatesDistrict Court, D. Rhode Island · 1987
  5. Cornejo v. StateCourt of Appeals of Washington · 1990

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