STEER v. BURLINGTON NORTHERN, INC.

Nos. 83-1473, 83-1510.

720 F.2d 975 (1983)

John A. STEER, Appellant, v. BURLINGTON NORTHERN, INC., Appellee. John A. STEER, Appellee, v. BURLINGTON NORTHERN, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1983.

As Amended December 5, 1983.


Attorney(s) appearing for the Case

Herbert J. Friedman, Friedman Law Offices, Lincoln, Neb., for Steer.

Rodney M. Confer of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, Neb., for Burlington Northern.

Before LAY, Chief Judge, HEANEY and ARNOLD, Circuit Judges.


LAY, Chief Judge.

John Steer brought this action against Burlington Northern claiming damages for injuries received while employed by the defendant. In his first count, Steer charged Burlington Northern with negligence under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1976). Count two charged the defendant with negligence in assigning Steer, after he returned to work, to duties which aggravated...

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