Legal Opinion

William Z. Faulkenberry, Cross v. Louisiana & Arkansas Railway Co., Cross

Court of Appeals for the Fifth Circuit

Decided April 29, 1977No. 75-2028PublishedCited by 8 opinions

1Per curiam

This is an appeal from the district court’s judgment for the plaintiff-railroad engineer, who allegedly suffered a heart attack as a result of a train derailment in the defendant’s Baton Rouge yard. The action was brought under the provisions of the FELA, 45 U.S.C. § 51. Both parties appealed and after careful consideration of the record, briefs and oral argument of counsel, we affirm the judgment of the district court in all respects.

The defendant-railroad urges on appeal that there was insufficient proof of negligent track maintenance on its part and that the court’s instruction to the jury…

2Cases cited2 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Louisiana & Arkansas Ry. Co. v. PrattCourt of Appeals for the Fifth Circuit · 1944

3Cited by8 opinions

  1. Raymond D. Robert v. Consolidated Rail CorporationCourt of Appeals for the First Circuit · 1987
  2. James Lindsey, Cross-Appellant, Liberty Mutual Insurance Company, Intervenor-Appellee v. Louisville & Nashville Railroad Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. Morgan v. Monessen Southwestern Railway Co.Supreme Court of Pennsylvania · 1986
  4. Garcia v. Burlington Northern RailroadDistrict Court, D. Colorado · 1984
  5. Carver v. Consolidated Rail Corp.District Court, E.D. Pennsylvania · 1984

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