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YBARRA v. BURLINGTON NORTHERN, INC.

No. 81-1957.

689 F.2d 147 (1982)

Lorenzo R. YBARRA, Appellee, v. BURLINGTON NORTHERN, INC., a Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1982.

Attorney(s) appearing for the Case

Knudsen, Berkheimer, Beam, Richardson & Endacott, Richard A. Knudsen, Trev E. Peterson, Thomas C. Sattler, Lincoln, Neb., for appellant.

DeParcq, Anderson, Perl, Hunegs & Rudquist, P.A., Richard Hunegs, and Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson, II, Minneapolis, Minn., and Higgins & Okun, John J. Higgins, Omaha, Neb., for appellee.

Before HEANEY, ARNOLD and JOHN R. GIBSON, Circuit Judges.

HEANEY, Circuit Judge.

Defendant Burlington Northern Railroad Company appeals from a judgment in favor of Lorenzo Ybarra on his action under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51-60. The defendant contends that the district court committed reversible error in its jury instructions. We hold that the charge to the jury was proper under the FELA, and affirm the district court's judgment.

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