(Download) "Lessee v. Union Pacific Railroad Co." by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Lessee v. Union Pacific Railroad Co.
- Author : Supreme Court of Wisconsin
- Release Date : January 22, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[1] Lessee brought this action against Union Pacific Railroad (UP) seeking compensation for a noise-induced hearing loss he suffered during his employment with UP. The claim was based upon the Federal Employers Liability Act (FELA), 45 U.S.C. ?? 51-60, and the boiler inspection act (BIA), 45 U.S.C. ? 23. Federal and state jurisdiction under the FELA is concurrent, 45 U.S.C. ? 56, and federal decisions construing the act are controlling. Chicago, M. & St. P. Ry. v. Coogan, 271 U.S. 472, 474, 70 L. Ed. 1041, 46 S. Ct. 564 (1926); Schosboek v. Chicago, M., St. P. & P. R.R., 188 Wash. 672, 677, 63 P.2d 477 (1936), modified, 191 Wash. 425, 71 P.2d 548 (1937). The FELA cause of action is based upon negligence. Wilkerson v. McCarthy, 336 U.S. 53, 61, 93 L. Ed. 497, 69 S. Ct. 413 (1949). The BIA "supplements" the FELA by imposing upon interstate railroads