Eleanore R. Jess v. Great Northern Railway Company, a Corporation

Ninth Circuit

Eleanore R. Jess v. Great Northern Railway Company, a Corporation

401 F.2d 535, 1968 U.S. App. LEXIS 5395

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 2, 1968

Docket22127_1

StatusPublished

Cited by10 cases

This text of 401 F.2d 535 (Eleanore R. Jess v. Great Northern Railway Company, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eleanore R. Jess v. Great Northern Railway Company, a Corporation, 401 F.2d 535, 1968 U.S. App. LEXIS 5395 (9th Cir. 1968).

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Opinion

PER CURIAM:

The husband of the appellant was an employee of the appellee railway company. The husband brought an action against the railway company under the Federal Employers’ Liability Act, 45 U.S.C.A. Sec. 51 et seq. An adverse jury verdict and a judgment thereon denied recovery to the husband. Thereafter the appellant brought an action against the railway company, asserting that the husband’s injuries were caused by the negligence of the railway company and seeking damages for loss of consortium. The district court granted the motion to dismiss of the railway company on the ground that “where an injury falls within the scope of the Federal Employers’ Liability Act, the relief granted by that act is exclusive as to the injured employee and all others.” The appellant seeks a reversal of the judgment of dismissal.

The Federal Employers’ Liability Act not only provides the exclusive remedy for the recovery by an employee of damages sustained by him as the result of an injury to him, but also governs the recovery by others for damages resulting from such injury. New York Central & Hudson River Railroad Company v. Tonsellito, 244 U.S. 360, 37 S.Ct. 620, 61 L.Ed. 1194 (1917); Igneri v. Cie. de. Transports Oceaniques, 2nd Cir. 1963, 323 F.2d 257, cert. den. 376 U.S. 949, 84 S.Ct. 965, 11 L.Ed.2d 969 (1964).

The judgment of the district court is affirmed.

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PER CURIAM:

The husband of the appellant was an employee of the appellee railway company. The husband brought an action against the railway company under the Federal Employers’ Liability Act, 45 U.S.C.A. Sec. 51 et seq. An adverse jury verdict and a judgment thereon denied recovery to the husband. Thereafter the appellant brought an action against the railway company, asserting that the husband’s injuries were caused by the negligence of the railway company and seeking damages for loss of consortium. The district court granted the motion to dismiss of the railway company on the ground that “where an injury falls within the scope of the Federal Employers’ Liability Act, the relief granted by that act is exclusive as to the injured employee and all others.” The appellant seeks a reversal of the judgment of dismissal.

The Federal Employers’ Liability Act not only provides the exclusive remedy for the recovery by an employee of damages sustained by him as the result of an injury to him, but also governs the recovery by others for damages resulting from such injury. New York Central & Hudson River Railroad Company v. Tonsellito, 244 U.S. 360, 37 S.Ct. 620, 61 L.Ed. 1194 (1917); Igneri v. Cie. de. Transports Oceaniques, 2nd Cir. 1963, 323 F.2d 257, cert. den. 376 U.S. 949, 84 S.Ct. 965, 11 L.Ed.2d 969 (1964).

The judgment of the district court is affirmed.

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401 F.2d 535, 1968 U.S. App. LEXIS 5395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eleanore-r-jess-v-great-northern-railway-company-a-corporation-ca9-1968.

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