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FAILING v. BURLINGTON NORTHERN R. CO.

No. 89CA1006.

815 P.2d 974 (1991)

Ronald D. FAILING, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 25, 1991.

Certiorari Denied August 26, 1991.

Attorney(s) appearing for the Case

Morrisard & Rossi, P.C., James L. Cox, Jr., Aurora, Irvin M. Kent, Aurora, for plaintiff-appellee.

Kraft, Johnson & Belt, Douglas J. Traeger, Robert N. Belt, Denver, for defendant-appellant.

Opinion by Judge JONES.

Defendant, Burlington Northern Railroad Company, appeals from a judgment entered on a jury verdict in favor of plaintiff, Ronald D. Failing, on a claim of negligence brought pursuant to the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA). Defendant contends that the trial court erred in refusing to grant a mistrial and in giving an instruction to the jury stating that the lack of a restraint system on locomotive...

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