George M. Diede v. Burlington Northern Railroad Company
Court of Appeals for the Ninth Circuit
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
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
- Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
- Burgess v. Premier Corp.Court of Appeals for the Ninth Circuit · 1984
- 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
- Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986
- Nachtsheim v. Beech Aircraft Corp.Court of Appeals for the Seventh Circuit · 1988
- Straub v. BNSF Ry. Co.Court of Appeals for the Tenth Circuit · 2018
- Reilly v. United StatesDistrict Court, D. Rhode Island · 1987
- Cornejo v. StateCourt of Appeals of Washington · 1990
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