(Download) "Rush v. Illinois Central Railroad Co." by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free

February 22, 2021

eBook details

Title: Rush v. Illinois Central Railroad Co.
Author : United States Court of Appeals for the Tenth Circuit
Release Date : January 04, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

This appeal arises from a diversity action brought by the plaintiff-appellant, Annette Rush, following her nine-year-old sons fall from a railcar owned and operated by the defendant-appellee, Illinois Central Railroad Company ("CN-IC"). The plaintiff-appellant challenges the district courts denial of her motion for new trial following a jury verdict awarded in favor of CN-IC. She advances four arguments on appeal: (1) the district court erroneously admitted into evidence at trial the prior statements of two witnesses and audio recordings of those statements; (2) the jury erred in not finding CN-IC liable under Tennessees "Lookout Statute"; (3) the jury disregarded the trial courts instruction to presume the nine-years-old child incapable of negligence as required under Tennessee law; and (4) the district court erred in denying the motion for new trial because the verdict was against the clear weight of the evidence.