Legal Opinion

Herold v. Burlington Northern, Inc.

Court of Appeals for the Eighth Circuit

Decided May 2, 1985No. Nos. 84-2094, 84-2115PublishedCited by 28 opinions

1Opinion of the Court

LAY, Chief Judge.

Kenneth and Janet Herold were injured when a Burlington Northern train hit their cattle truck as they crossed the railroad tracks adjacent to the Schnell Livestock Auction Market outside Dickinson, North Dakota on the afternoon of November 21, 1974. Kenneth Herold was driving the truck. He was rendered a spastic quadriplegic and suffered brain damage. His wife, Janet, also was seriously injured; breaking her collar bone, injuring her back, and suffering a concussion along with cuts and bruises over the body.

Suit was filed in September 1980, seeking damages for injuries, loss…

2Cases cited34 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. Napier v. Atlantic Coast Line RailroadSupreme Court of the United States · 1926
  3. Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
  4. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  5. Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925

29 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Carlos A. Gutierrez-Rodriguez v. Desiderio Cartagena and Domingo Alvarez, Carlos A. Gutierrez-Rodriguez v. Pedro N. Soto and Edwin F. GotayCourt of Appeals for the First Circuit · 1989
  2. Michael P. McGinn v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1996
  3. Slaubaugh v. SlaubaughNorth Dakota Supreme Court · 1991
  4. Morrissey v. Welsh Co.Court of Appeals for the Eighth Circuit · 1987
  5. Lee A. Mosco, Jr. v. Baltimore & Ohio RailroadCourt of Appeals for the Fourth Circuit · 1987

23 more not listed; retrieve them via the Exa API.

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