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ACKLEY v. CHICAGO AND NORTH WESTERN TRANSP. CO.

No. 86-5168.

820 F.2d 263 (1987)

Jerry ACKLEY, Appellant, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1987.

Rehearing Denied July 16, 1987.

Attorney(s) appearing for the Case

Gary K. Wood, Minneapolis, Minn., for appellant.

Arlo Sommervold, Sioux Falls, S.D., for appellee.

Before LAY, Chief Judge, WOLLMAN, Circuit Judge, and HANSEN, District Judge.

LAY, Chief Judge.

Jerry Ackley appeals from the district court's order denying his motion for a new trial after a jury verdict for the defendant railroad. Ackley attacks the court's jury instructions regarding contributory negligence, assumption of risk, and an employer's duty under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA), to provide a reasonably safe place to work. We reverse and remand for a new trial.

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