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Federal Employer's Liability Act (FELA), 45 U.S.C.S. § 51 et seq. (1988). Section 1 of FELA provides in pertinent part: 'Every common carrier by railroad . . . shall be liable in damages to any person suffering injury [or death] while he is employed by such carrier . . . for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.' 45 U.S.C. § 51.The United States Supreme Court has made clear that federal common law governs such claims under FELA. In Urie v. Thompson, 337 U.S. 163, 174, 93 L. Ed. 1282, 69 S. Ct. 1018 (1949), the Court held: 'What constitutes negligence for [FELA's] purposes is a federal question, not varying in accordance with the differing conceptions of negligence applicable under state and local laws for other purposes. Federal decisional law formulating and applying the concept governs.'


Later in Atchison, T. & S. F. R. Co. v. Buell, 480 U.S. 557, 568, 94 L. ...

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