160.02. FELA-Issues Made by the Pleadings | Pdf Doc Docx | Illinois_JI

 Illinois Jury Instructions   Civil   160 Federal Employers Liability Act 
160.02. FELA-Issues Made by the Pleadings | Pdf Doc Docx | Illinois_JI

Last updated: 4/13/2015

160.02. FELA-Issues Made by the Pleadings

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Description

160.02 FELA--Issues Made by the Pleadings [1] [The plaintiff claims that he was injured and sustained damages while he was engaged in the course of his employment by the railroad.] [The plaintiff claims that damages were sustained by reason of the [injury] [death] of the decedent while the decedent was engaged in the course of his employment by the railroad.] [2] The plaintiff further claims that the railroad violated the Federal Employers' Liability Act in that: a. [an [officer] [agent] [or] [other employee] [of the] railroad was negligent in that] [Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] b. [there was a defect or insufficiency due to the railroad's negligence in its [cars] [engines] [appliances] [machinery] [track] [roadbed] [works] [boats] [wharves] [or] [other equipment].] [3] The plaintiff further claims that the [injury] [death] resulted in whole or in part from one or more of the alleged violations of the Act. [4] The railroad denies [that it violated the Federal Employers' Liability Act as claimed by the plaintiff] [or] [and] [that the [plaintiff] [decedent] was engaged in the course of his employment for the railroad at the time of the alleged occurrence]. [5] [The railroad further denies that [any of the alleged injuries] [the death] resulted, in whole or in part, from any violation of the Act.] [6] [The railroad further denies that the plaintiff [was injured] [or] sustained damages [to the extent claimed].] [7] [The railroad claims that the [plaintiff] [decedent] was contributorily negligent [in that] [in one or more of the following respects]:] [Set forth in simple form without undue emphasis or repetition those allegations of the answer as to the plaintiff's or decedent's contributory negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] [8] [The railroad further claims that one or more of the foregoing caused in whole or in part the [plaintiff's injuries] [decedent's death].] [9] [The plaintiff [denies that [he did] [the decedent did] any of the things claimed by the railroad,] [denies that [he] [the decedent] was negligent [in doing any of the things claimed by the railroad,] [to the extent claimed by the railroad],] [and denies that any claimed act or omission on [his] [the decedent's] part caused in whole or in part [his claimed injuries] [the decedent's death]].]

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