TREJO v. DENVER & R. G. W. R. CO.

No. 76-1654.

568 F.2d 181 (1977)

Tomas R. TREJO, Plaintiff-Appellee, v. The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 27, 1977.


Attorney(s) appearing for the Case

Richard I. Ashton, Salt Lake City, Utah (Orrin G. Hatch and Hatch & Plumb, Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Kenneth W. Yeates, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Gerald R. Miller and Russell J. Gallian, Salt Lake City, Utah, on the briefs), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this action under the Federal Employers' Liability Act, FELA, 45 U.S.C. § 51 et seq., judgment was entered on a jury verdict for the plaintiff in the amount of $140,000. We reverse for trial errors.

Defendant-appellant Denver & Rio Grande Western Railroad Company, an interstate common carrier, employed plaintiff-appellee Trejo as a section laborer on a work train in Utah. In late March or early April 1974, he was unloading...

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