Opinion

Brown v. Sand Springs Railway Co.

  • 65 O.B.A.J. 3350
  • 882 P.2d 586
  • 1994 OK CIV APP 125
  • 1994 Okla. Civ. App. LEXIS 112
  • 1994 WL 539336
Court
Court of Civil Appeals of Oklahoma
Filed
Aug 30, 1994
Status
Published
Author
Adams
On the bench
Adams, Garrett, Hunter
Cited by
0 cases
Authority
More cited than 23.0%

The opinion

*587 OPINION

ADAMS, Judge:

The appellants sued the appellee after Mr. Brown was allegedly injured by a rail car owned by his employer on a line allegedly owned and operated by the appellee but located on his employer’s premises. The appellants alleged violations of the Safety Appliance Act (SAA), 45 U.S.C. § 1 et seq. Relying on Keizor v. Sand Springs Railway Company, 861 P.2d 326 (Okla.App.1993), the trial court dismissed the ease for lack of jurisdiction.

In their petition in error, the appellants claim the trial court erred in dismissing the case because, according to the appellants, Keizor “was an incorrect interpretation of the law.” We disagree and therefore affirm the trial court.

The appellants argue that Keizor misinterpreted Crane v. Cedar Rapids & Iowa City Railway Company, 395 U.S. 164 , 89 S.Ct. 1706 , 23 L.Ed.2d 176 (1969). According to the appellants, Crane only holds that a non-employee’s action under the SAA is subject to defenses which would not be available in a case by a railroad employee and does not preclude a private right of action for a non-employee under the SAA.

This argument flies in the face of the Court’s express holding that “[t]he Safety Appliance Act did not create a federal cause of action for either employees or nonemploy-ees seeking damages for injuries resulting from a railroad’s violation of the Act.” Crane, 395 U.S. at 166 , 89 S.Ct. at 1708 . The trial court committed no error in following Keizor and dismissing the appellants’ claim based on the SAA.

AFFIRMED.

GARRETT, V.C.J., and HUNTER, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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