(DOWNLOAD) "Eleanor B. Daugherty v. Southern Pacific Transportation Company" by Supreme Court of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Eleanor B. Daugherty v. Southern Pacific Transportation Company
- Author : Supreme Court of Texas
- Release Date : January 14, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Petitioners, Eleanor B. Daugherty and Nancy Daugherty Gunselman, wife and daughter of Elbie Daugherty, brought this negligence action for damages concerning his death against his employer, Southern Pacific Transportation Company, under the Federal Employers Liability Act (FELA), 45 U.S.C.A. § 51, et seq. (West 1986). Elbie Daugherty was struck and killed by a truck which was being backed down a road in Southern Pacifics Englewood Yard by a fellow employee. During the trial, the Daughertys requested the trial court to take judicial notice of certain regulations, 29 C.F.R. § 1926.601 (1988), promulgated pursuant to the Occupational Safety and Health Administration (OSHA) Act of 1970, 29 U.S.C.A. § 651, et seq. (West 1985). The trial court refused this request because the Daughertys had not pleaded the regulations. Based upon jury findings that neither Southern Pacific nor Elbie Daugherty were negligent, the trial court rendered a take-nothing judgment in favor of Southern Pacific.
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