45 U.S.C. § 53
Contributory negligence; diminution of damages
In all actions on and after
Notes of Decisions
Cited in 446
cases (26 in the last 5 years), 1928–2026 · leading case: Schultz v. Ne. Ill. Reg'l Commuter R.R. Corp., 775 N.E.2d 964 (Ill. 2002).
Schultz v. Ne. Ill. Reg'l Commuter R.R. Corp., 775 N.E.2d 964 (Ill. 2002). “45 U.S.C. § 53 (1994); see Tiller v. Atlantic Coast Line R.”
Norfolk S. Ry. Co. v. Sorrell, 549 U.S. 158 (2007). “" 45 U.S.C. § 53 . Both parties agree that at common law the causation standards for negligence and contributory negligence were the same.”
Kernan v. Am. Dredging Co., 355 U.S. 426 (1958). “' 45 U. S. C. § 53 . Congress has thus for its own reasons imposed extraordinary safety obligations upon railroads and has commanded that if a breach of these obligations contributes in part to an employee's death, the railroad must pay damages.”
Michael Pratico v. Portland Terminal Co., 783 F.2d 255 (1st Cir. 1985). “45 U.S.C. § 53 . The district court found that there was no relevant OSHA regulation, struck previously admitted testimony concerning the regulation from the record, and refused to give plaintiff’s requested jury instruction on negligence and contributory negligence.”
Norfolk & W. Ry. Co. v. Ayers, 538 U.S. 135 (2003). “[6] As required by the FELA, the trial court directed the jury to determine whether negligence by any of the asbestosis claimants contributed to their injuries and to compare any such negligence with that of Norfolk "in terms of percentages.”
Urie v. Thompson, 337 U.S. 163 (1949). “45 U.S.C. §§ 53 , 54, which bar pleadings of, respectively, contributory negligence and assumption of risk "in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.”
Thomas N. Eckert v. Aliquippa & S. R.R. Co., 828 F.2d 183 (3rd Cir. 1987). “Eckert alleges that the failure to do so was error because contributory negligence is no defense to an FELA claim when the defendant has violated either “any statute enacted for the safety of employees,” 45 U.S.C. § 53 , or regulations promulgated pursuant to such a statute.”
Starling v. Union Pac. R.R., 203 F.R.D. 468 (D. Kan. 2001). “305 (a)(1) bars defendant from asserting plaintiffs contributory negligence by virtue of 45 U.S.C. § 53 . Plaintiff requests that the court enter summary judgment on the issues of liability and contributory negligence, leaving only the questions of causation and damages for the…”
Anne Payne v. CSX Transp., Inc., 467 S.W.3d 413 (Tenn. 2015). “] 45 U.S.C. § 53 (emphasis added). The same section of FELA includes the additional caveat “[t]hat no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any ease where the violation by such common carrier of any statute…”
Collins v. Nat'l R.R. Passenger Corp., 9 A.3d 56 (Md. 2010). “[13] 45 U.S.C. § 53 . "Contributory negligence .”
Coats v. Penrod Drilling Corp., 61 F.3d 1113 (5th Cir. 1995). “See 45 U.S.C. § 53 . There is no exception in the Act for cases in which one or more of the defendants fails to pay its share.”
Monessen Sw. Ry. Co. v. Morgan, 486 U.S. 330 (1988). “Congress expressly dispensed with other common-law doctrines of that era, such as the defense of contributory negligence, see 45 U. S. C. § 53 , in order "to provide liberal recovery for injured workers" under the FELA.”
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