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· 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 CourtListener

Sourced 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.