· 9/16/1992
Bernard E. Walden v. Illinois Central Gulf Railroad, a Corporation
Citations
- 975 F.2d 361
- 1992 U.S. App. LEXIS 22086
- 1992 WL 224835
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that grant or denial of a new trial motion is not subject to review by appellate court except upon exceptional circumstances showing a clear abuse of discretion
- “In a FELA action, the violation of a statute or regulation . . . automatically constitutes breach of the employer’s duty and negligence per se[.]”
- “When the facts reasonably support a conclusion for either party, the decision is exclusively for the jury to make.”
- \FELA is not a workmen's compensation act; causation must still be proved\
- the 1939 FELA amendments required causation be determined by the jury
- “Proof that the employee’s own negligence was the sole cause of his or her own injury is a valid defense because it eliminates the possibility that the regulatory violation contributed in whole or in part to the injury.” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Fairchild, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.