Wardwell v. Union Pacific R.R. Co.

In an action brought under Federal Employers' Liability Act (FELA), a defendant railroad may argue to jury that a third party was the only person whose negligent conduct caused the plaintiff's injuries. Jury may consider entirety of circumstances surrounding accident, including whether a third party's negligent conduct was the only negligent conduct that caused accident. Under FELA, employee cannot recover unless railroad was a cause, at least in part, of the plaintiff's injuries.(KARMEIER, FREEMAN, THOMAS, GARMAN, and THEIS, concurring; KILBRIDE, specially concurring.)