Jeanine Rasmussen, Personal Representative of the Estate of James A. Rasmussen, Deceased v. Burlington Northern, Inc., a Corporation

Eighth Circuit

Jeanine Rasmussen, Personal Representative of the Estate of James A. Rasmussen, Deceased v. Burlington Northern, Inc., a Corporation

601 F.2d 355, 1979 U.S. App. LEXIS 13496

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 2, 1979

Docket78-1833

StatusPublished

This text of 601 F.2d 355 (Jeanine Rasmussen, Personal Representative of the Estate of James A. Rasmussen, Deceased v. Burlington Northern, Inc., a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jeanine Rasmussen, Personal Representative of the Estate of James A. Rasmussen, Deceased v. Burlington Northern, Inc., a Corporation, 601 F.2d 355, 1979 U.S. App. LEXIS 13496 (8th Cir. 1979).

Pincite

Opinion

PER CURIAM.

Jeanine Rasmussen sued, in her representative capacity, the Burlington Northern railroad for her husband’s alleged wrongful death which occurred when decedent’s car struck a Burlington Northern freight train. *356 Rasmussen alleged that the collision resulted from the railroad’s negligence in failing to adequately warn decedent of the presence of the railroad grade crossing. The railroad claimed that the collision resulted from decedent’s negligent inattention or deliberate attempt to commit suicide. The jury returned a verdict for the railroad.

On appeal Rasmussen challenges several evidentiary rulings made by the trial court, the trial court’s refusal to take the negligence issue from the jury, and the trial court’s failure to give a jury instruction even though counsel never requested the instruction. Having carefully reviewed the records, briefs, and trial transcript we conclude no error of law appears. See 8th Cir. R. 14(4).

The judgment is affirmed.

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PER CURIAM.

Jeanine Rasmussen sued, in her representative capacity, the Burlington Northern railroad for her husband’s alleged wrongful death which occurred when decedent’s car struck a Burlington Northern freight train. *356 Rasmussen alleged that the collision resulted from the railroad’s negligence in failing to adequately warn decedent of the presence of the railroad grade crossing. The railroad claimed that the collision resulted from decedent’s negligent inattention or deliberate attempt to commit suicide. The jury returned a verdict for the railroad.

On appeal Rasmussen challenges several evidentiary rulings made by the trial court, the trial court’s refusal to take the negligence issue from the jury, and the trial court’s failure to give a jury instruction even though counsel never requested the instruction. Having carefully reviewed the records, briefs, and trial transcript we conclude no error of law appears. See 8th Cir. R. 14(4).

The judgment is affirmed.

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Bluebook (online)

601 F.2d 355, 1979 U.S. App. LEXIS 13496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeanine-rasmussen-personal-representative-of-the-estate-of-james-a-ca8-1979.