Joseph E. Sleeman v. The Chesapeake & Ohio Ry. Co., 414 F.2d 305 (6th Cir. 1969). · Go Syfert
Joseph E. Sleeman v. The Chesapeake & Ohio Ry. Co., 414 F.2d 305 (6th Cir. 1969). Cases Citing This Book View Copy Cite
70 citation events (1 in the last 25 years) across 23 distinct courts.
Strongest positive: District of Columbia v. Barriteau (dc, 1979-03-16)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) District of Columbia v. Barriteau
D.C. · 1979 · confidence medium
See Williams v. United States, 435 F.2d 804, 807 (1st Cir. 1970); Sleeman v. Chesapeake and Ohio Railway Co., 414 F.2d 305, 307-08 (6th Cir. 1969).
cited Cited as authority (rule) Glen Dale Steckler and Annette Steckler v. United States
10th Cir. · 1977 · confidence medium
See, e. g., Williams v. United States, 435 F.2d 804, 807 (1st Cir. 1970); Sleeman v. Chesapeake & Ohio Railway Co., 414 F.2d 305, 307 (6th Cir. 1969).
cited Cited as authority (rule) United States v. Alice L. English
9th Cir. · 1975 · confidence medium
Co., 414 F.2d at 308 (6th Cir. 1969). 11 .
discussed Cited as authority (rule) Tenore v. Nu Car Carriers, Inc.
N.J. · 1975 · confidence medium
See also Spangler v. Helm’s New York-Pittsburgh Motor Exp., 396 Pa. 482 , 153 A. 2d 490 (1959) in which the court sustained a verdict in excess of $46,000 in a wrongful death-survival action stating: [T]he cost of everything is higher today than it was before the silver dollar began its Cape Canaveral ascent into the spiral spaces of inflation. [ 396 Pa. at 488 , 153 A. 2d at 494 (Musmanno, J.)]. 8 But see 2 Harper & James, The Daw of Torts, § 25.11 at 1325-26 (1956) where the authors suggest that expert testimony on the question of future loss may not provide “much real help.” 9 See, e…
discussed Cited as authority (rule) Dennis L. Riha v. Jasper Blackburn Corp.
8th Cir. · 1975 · confidence medium
R., 282 F.2d 34, 38 (2 Cir.), cert. denied, 364 U.S. 870 , 81 S.Ct. 115 , 5 L.Ed.2d 93 . . . , they have elected not yet to do so, Sleeman v. Chesapeake & Ohio Ry., 414 F.2d 305, 307-308 (6 Cir. 1969).
cited Cited as authority (rule) Feldman v. Allegheny Airlines, Inc.
D. Conn. · 1974 · confidence medium
Co., 414 F.2d 305, 308 (6th Cir. 1969); Frankel v. United States, 321 F.Supp. 1331, 1346 (E.D.Pa.1970), aff’d 466 F. 2d 1226 , 1229 (3d Cir. 1972).
discussed Cited as authority (rule) Plourd v. Southern Pacific Transportation Co.
Or. · 1973 · confidence medium
That question is not discussed in the briefs, however, and for this reason we do not expressly approve the form of the instructions requested by defendant in this case. [3] In support of such contentions defendant cites Williams v. United States, 435 F.2d 804, 807 (1st Cir.1970); Sleeman v. Chesapeake and Ohio Railway Company, 414 F.2d 305, 307 (6th Cir.1969); Raines v. New York Central Railroad Company, 129 Ill.
examined Cited as authority (rule) Henry L. Beanland v. Chicago, Rock Island and Pacific Railroad Company (4×)
8th Cir. · 1973 · confidence medium
Ry., 414 F.2d 305, 307-308 (6th Cir. 1969) wherein the Court remanded the case “for recomputation of damages . . . based on the present worth formula” of Kelly, supra. Id. at 308.
cited Cited as authority (rule) James Magill, Administrator of the Estate of Frank W. Magill, Jr., Deceased v. Westinghouse Electric Corporation v. Murphy, Inc
3rd Cir. · 1972 · confidence medium
Co., 414 F.2d 305, 308 (6th Cir. 1969); McWeeney v. N. Y.
discussed Cited as authority (rule) Michael Yodice v. Koninklijke Nederlandsche Stoomboot Maatschappij, and Third-Party v. Universal Terminal & Stevedoring Corp., Third-Party
2d Cir. · 1971 · confidence medium
McWeeney v. New York, N.H. & H.R.R., 282 F.2d 34, 38 (2 Cir.), cert. denied 364 U.S. 870 , 81 S.Ct. 115 , 5 L.Ed.2d 93 (1960), they have elected not yet to do so, Sleeman v. Chesapeake & Ohio Ry., 414 F.2d 305, 307-308 (6 Cir. 1969).
cited Cited as authority (rule) Hall v. Minnesota Transfer Railway Company
D. Minnesota · 1971 · confidence medium
Sleeman v. Chesapeake & Ohio Ry., 414 F.2d 305, 307 (6th Cir. 1969); Gypsum Carrier, Inc. v. Handelsman, 307 F.2d 525, 535 (9th Cir. 1962), a Jones Act case.
cited Cited "see" Scruggs v. Chesapeake and Ohio Railway Company
W.D. Va. · 1970 · signal: see · confidence high
See Sleeman v. Chesapeake & Ohio Ry., 414 F.2d 305 (6th Cir. 1969); McWeeney v. New York, N. H. & H.
discussed Cited "see, e.g." Freeport Sulphur Company v. The S/s Hermosa, Her Engines, Tackle, Apparel, Furniture, Etc., in Rem, Pansuiza Compania De Navigacion S.A., in Personam (2×)
5th Cir. · 1976 · signal: see, e.g. · confidence low
See, e. g., Sleeman v. Chesapeake & Ohio Railway Co., 6 Cir. 1969, 414 F.2d 305, 307 .
examined Cited "see, e.g." Reid L. Feldman, as Administrator of the Estate of Nancy Feldman, Deceased, Plaintiff-Appellee-Cross-Appellant v. Allegheny Airlines, Inc. (4×)
2d Cir. · 1975 · signal: see also · confidence low
As a matter of federal law, at least one circuit has approved jury consideration of the impact of inflation and even reversed for charging that it should not consider “future increases or decreases in the purchasing power of money.” Bach v. Penn Central Transportation Co., 502 F.2d 1117, 1122 (6th Cir. 1974); see also Sleeman v. Chesapeake & Ohio Railway Co., 414 F.2d 305 (6th Cir. 1969).
Retrieving the full opinion text from the archive…
Joseph E. SLEEMAN, Plaintiff-Appellee,
v.
the CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant
18534.
Court of Appeals for the Sixth Circuit.
Jul 25, 1969.
414 F.2d 305
1969 U.S. App. LEXIS 11342
Paul O. Strawhecker, Grand Rapids, Mich., for appellant, Robert A. Straub, Detroit, Mich., on the brief., F. William McKee, Grand Rapids, Mich., for appellee, Rhoades, McKee & Boer, Grand Rapids, Mich., on the brief.
Phillips, Edwards, Peck.
Cited by 51 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Paul O. Strawhecker, Grand Rapids, Mich., for appellant, Robert A. Straub, Detroit, Mich., on the brief.

F. William McKee, Grand Rapids, Mich., for appellee, Rhoades, McKee & Boer, Grand Rapids, Mich., on the brief.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

Lead Opinion

EDWARDS, Circuit Judge.

Appellant, Chesapeake and Ohio Railway Co., appeals from an award of damages entered in favor of an employee, Joseph Sleeman, after a trial under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1964), before a District Judge in the Western District of Michigan.

The first and principal contention is that contrary to Sleeman’s argument and the findings of the District Judge, the design and lighting of the parking lot owned by appellant railroad where Sleeman was injured did not play any part at all in his injury.

Sleeman was injured by being struck by a privately-owned mail truck as it was leaving the C & 0 station in Grand Rapids. At the time he was on duty as an assistant coach foreman working the night shift. It was raining hard when Sleeman attempted at about 5:50 a. m. to go from a coach to his car in the station parking lot, and thence to his office in the coach yard. As he was crossing an area of the parking lot in front of the C & O station which was used by both pedestrian and vehicular traffic, he was struck by the mail truck. Sleeman testified that he had looked and had seen the mail truck, but had judged that it would pass behind him and that he continued across the area without looking again until the instant of impact. The impact occurred in the left-hand portion of the vehicular accessway, viewed from the point of view of the driver of the truck.

Plaintiff presented evidence, including an expert on design of parking lots, which tended to establish that the lighting of the C & O lot at the point of injury was below nationally recognized standards and that the design of the lot failed by layout or markings to define either vehicular or pedestrian lanes.

The Federal Employers’ Liability Act provides in part:

“Every common carrier * * * shall be liable in damages to any person suffering injury while he is employed by such carrier * * * for such injury * * * resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.” 45 U.S.C. § 51 (1964).

The Supreme Court has interpreted this language as follows:

“Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought. It does not matter that, from the evidence, the jury may also with reason, on grounds of probability, attribute the result to other causes, including the employee’s contributory negligence. Judicial appraisal of the proofs to determine whether a jury question is presented is narrowly limited to the single inquiry whether, with reason, the conclusion may be drawn that negligence of the employer played any part at all in the injury or death. Judges are to fix their sights[*307] primarily to make that appraisal and, if that test is met, are bound to find that a case for the jury is made out whether or not the evidence allows the jury a choice of other probabilities. The statute expressly imposes liability upon the employer to pay damages for injury or death due ‘in whole or in part’ to its negligence. (Emphasis added.)
“The law was enacted because the Congress was dissatisfied with the common-law duty of the master to his servant. The statute supplants that duty with the far more drastic duty of paying damages for injury or death at work due in whole or in part to the employer’s negligence.” Rogers v. Missouri Pacific R. R., 352 U.S. 500, 506-507, 77 S.Ct. 443, 449, 1 L.Ed.2d 493 (1957). (Footnotes omitted.)

The District Judge was the trier of the facts in this case. We think there was evidence before him from which he could have concluded that the C & O was negligent because of inadequate lighting and failure in any manner to define either vehicular or pedestrian traffic lanes in its parking lot. We cannot say that the “employer’s negligence [did not] play * * * any part, even the slightest, in producing the injury.” Rogers v. Missouri Pacific R. R., 352 U.S. 500, 506, 77 S.Ct. 443, 448 (1957).

Appellant also contends that the District Judge erred in finding plaintiff Sleeman not guilty of contributory negligence because “the undisputed proof” was contrary. Where, however, an area of irregular shape is created for public use by vehicles and pedestrians and there is no definition of the driveway, we cannot hold as a matter of law that Sleeman’s conduct on the night in question was contrary to that of an ordinarily prudent person. Cf. Ware v. Nelson, 351 Mich. 390, 88 N.W.2d 524 (1958).

Appellant did not timely file a request for a jury trial. We find no abuse of judicial discretion in the District Judge’s denial of appellant’s belated demand for jury trial. Nor do we find such abuse in the grant of separate trial in C & O’s suit for contribution against the truck driver and owner.

No other appellate issues of substance are presented, except for one dealing with damages.

The District Judge did, as appellant asserts, decide to award damages without reducing them to present worth. He did so because he held that inflationary trends would offset any present worth reduction. See Gowdy v. United States, 271 F.Supp. 733 (W.D.Mich. 1967).

Damages in an FELA case are governed by federal law:

“[T]he proper measure of damages is inseparably connected with the right of action, and in eases arising under the Federal Employers’ Liability Act it must be settled according to general principles of law as administered in the Federal courts.” Chesapeake & Ohio Ry. v. Kelly, 241 U.S. 485, 491, 36 S.Ct. 630, 632, 60 L.Ed. 1117 (1916).

This same case provides:

“[I]n computing damages recoverable for the deprivation of future benefits, the principle of limiting the recovery to compensation requires that adequate allowance be made, according to circumstances, for the earning power of money; in short, that when future payments or other pecuniary benefits are to be anticipated, the verdict should be made up on the basis of their present value only.” Chesapeake & Ohio Ry. v. Kelly, supra at 491, 36 S.Ct. at 632.

To date Chesapeake & Ohio Ry. v. Kelly has not been amended or overruled, and it was error to fail to apply it to the computation of future earnings.

As to the inflationary trend offset, this record provides no evidentiary basis for the decision of the District Judge. Gowdy v. United States, supra, in which the District Judge arrived at the same conclusion after hearing some economic testimony is not authority for the offset in this case, since it has been reversed[*308] on other grounds. Gowdy v. United States, 412 F.2d 525 (6th Cir.1969) Nor do we encourage the trial courts of our circuit to explore such speculative influences on future damages as inflation and deflation.

Of course, the nation’s economic history since the 1930’s would appear to make the use of present wages as the standard for loss of future earnings somewhat unfair to plaintiffs. But as to the future, the inflation versus deflation debate rages inconclusively at the highest policy levels of our government, in national electoral campaigns, in learned economic journals and is exemplified in the daily gyrations of the stock markets. The debate seems unlikely to be resolved satisfactorily in one personal injury trial. And if testimonal resolution of this factor bearing on the future is attempted, the door is opened to similarly speculative and debatable offsets tending in other directions. See McWeeney v. New York, N. H. & H. R. R., 282 F.2d 34 (2d Cir.1960).

Harper" & James accurately describes the past history of this debate and the present prevailing view:

“Future trends in the value of money are necessarily unknown and so always render such damages speculative in a way we cannot escape. If the estimates represent a straight-line projection of present living costs, they will be frustrated by fluctuations either way. If prophecy of change is heeded, frustration will follow if no change, or the opposite change, occurs. When courts have consciously grappled with the problem they have either found all prophecy too speculative and so, perforce, have taken the equally speculative course of betting on a continuance of the status quo; or they have made intuitive and not always very wise judgments that present conditions represent a departure from some imaginary norm to which they think we shall rapidly return. It is not at all clear that courts would be willing to hear experts on the matter, or that they would get much real help if they did. For the most part the problem —which is inevitably present in every case of future loss — is not analyzed and the present value of money is assumed to be the proper basis.” II F. Harper & F. James, The Law of Torts § 25.11 (1956). (Footnotes omitted.)

Sleeman’s injuries were severe and there was evidence that they would have permanent effect. The award (save for the present worth issue) is justified by the evidence and certainly does not shock our conscience.

The judgment of the District Court on issues of liability and damage is affirmed, except as noted. The judgment is vacated and remanded for recpmputation of damages for future earnings based on the present worth formula of Chesapeake & Ohio Ry. v. Kelly, 241 U.S. 485, 36 S.Ct. 630, 60 L.Ed. 1117 (1916).

Dissent

JOHN W. PECK, Circuit Judge

(dissenting).

Bearing in mind that after Sleeman had walked halfway across the rainswept parking lot he looked to his left, saw the mail truck which ultimately struck him, and then proceeded into its path without again looking, I am of the view that he was guilty of contributory negligence as a matter of law (See Chesapeake & Ohio Railway Company v. Burton, 217 F.2d 471 (4th Cir.1954)) under the common-law principles as established and applied in federal courts, which are controlling in this FELA action. Urie v. Thompson, 337 U.S. 163, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949); and Bailey v. Central Vermont Ry., 319 U.S. 350, 63 S.Ct. 1062, 87 L.Ed. 1444 (1943).