45 U.S.C. § 58
Duty or liability of common carriers and rights of employees under other acts not impaired
Nothing in this chapter shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other Act or Acts of Congress.
Notes of Decisions
Cited in 9
cases, 1941–2014 · leading case: Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, Inc, 57 F.3d 1269 (3rd Cir. 1995).
Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, Inc, 57 F.3d 1269 (3rd Cir. 1995). “” 45 U.S.C. § 58 . The statute does not distinguish between degrees of negligence; the statute does not say that the plaintiff only has a slight duty of care.”
Oshinski v. N. Indiana Commuter Transp. Dist., 843 N.E.2d 536 (Ind. Ct. App. 2006). “Because we conclude that FELA actions are tort actions, we hold that FELA suits against the State filed in Indiana courts are properly limited by the qualifications set forth in TTCA. Without sufficient cogent reasoning, 9 Oshinski argues that Indiana's worker's compensation…”
Eversole v. Consol. Rail Corp., 551 N.E.2d 846 (Ind. Ct. App. 1990). “45 U.S.C.A. § 58 (West Supp.1986); Caillouette, supra.”
Norman D. Gish v. Csx Transp., Inc. F/k/a Seaboard Sys. R.R., Inc., 890 F.2d 989 (7th Cir. 1989). “The FELA has a mandatory rule of comparative negligence, which reduces the plaintiff’s recovery by that part of the injury which is attributable to the employee’s own negligence.”
Hetrick v. Reading Co., 39 F. Supp. 22 (D.N.J. 1941). “” 45 U.S.C.A. § 58 . In the case of McCarthy v.”
NM Paterson & Sons, Ltd. v. City of Chicago, 209 F. Supp. 576 (N.D. Ill. 1962). “§ 688 , 45 U.S.C.A. § 58 . Regarding death, see § 6 of the “Death on the High Seas Act”, 46 U.”
Norfolk & W. Ry. Co. v. Roberson, 918 F.2d 1144 (4th Cir. 1990). “See 45 U.S.C. § 58 (“Nothing in this chapter shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other Act or Acts of Congress.”
Gibson v. Missouri Pac. R.R., 314 F. Supp. 1211 (E.D. Tex. 1970). “It is explicitly provided in 45 U.S.C. § 58 that, “Nothing in this chapter shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other Act or Acts of Congress.”
Bynum v. Norfolk S. Ry. Co., 89 Va. Cir. 215 (Norfolk Cir. Ct. 2014). “FELA’s Prohibition against Limiting the Rights of Railroad Workers Plaintiff argues that FELA’s text prohibits LHW CA from being exclusive with the following language in 45 U.S.C. § 58 : “Nothing in this act shall be held to limit the duty or liability of common carriers or to…”
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