James G. Floyd v. Montana Rail Link, a Corporation

5 F.3d 536 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James G. FLOYD, Plaintiff-Appellant, v. MONTANA RAIL LINK, a corporation, Defendant-Appellee. No. 91-36253. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1993. Decided Sept. 22, 1993. 1 Appeal from the United States District Court, for the District of Montana, D.C. No. CV 89-151-M-CCL; Charles L. Lovell, District Judge, Presiding. 2 D.Mont. 3 AFFIRMED. 4 Before: BEEZER, HALL, Circuit Judges, CONTI, Senior District Judge. * 5 MEMORANDUM ** I. INTRODUCTION 6 This appeal arises from the district court's denial of motions for directed verdict and judgment notwithstanding the verdict as well as an instruction on contributory negligence in a negligence action brought under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. Secs. 51-60 . Applicable law allows consideration of contributory negligence but bars the defense of assumption of the risk. James G. Floyd appeals, claiming his…