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KATH v. BURLINGTON NORTHERN R. CO.

No. C5-88-1825.

441 N.W.2d 569 (1989)

Eileen M. KATH, individually and as Executrix of the estate of Robert L. Kath, deceased, Respondent, v. The BURLINGTON NORTHERN RAILROAD COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied July 27, 1989.

Attorney(s) appearing for the Case

Michael S. Polk, Hertogs, Fluegel, Sieben, Polk, Jones & Laverdiere, Hastings, for respondent.

E. Scott Savage, Michael F. Richman, David L. Arrington, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Thomas W. Spence, Megan K. Ricke, Thomas W. Spence Law Office, St. Paul, for appellant.

Heard, considered and decided by WOZNIAK, C.J., and FOLEY and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

Respondent Eileen Kath sued appellant Burlington Northern Railroad Company (Burlington) for the wrongful death of her husband, Robert Kath. The jury found Burlington had been negligent under the Federal Employers' Liability Act, 45 U.S.C. A. § 51 et seq. (1986) (FELA), and had violated the Federal Boiler Inspection Act, 45 U.S.C.A. § 23 (1986). Burlington's post-trial motions were denied and it appeals.

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