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NORFOLK & WESTERN RY. CO. V. LIEPELT, 444 U. S. 490 (1980)

U.S. Supreme Court

Norfolk & Western Ry. Co. v. Liepelt, 444 U.S. 490 (1980)

Norfolk & Western Ry. Co. v. Liepelt

No. 78-1323

Argued November 5, 1979

Decided February 19, 1980

444 U.S. 490


Held: In a wrongful death action brought under the Federal Employers' Liability Act in an Illinois court, the trial court erred in excluding evidence offered by petitioner-defendant to show the effect of income taxes on the decedent's estimated future earnings, and in refusing petitioner's requested jury instruction that "your award will not be subject to any income taxes, and you should not consider such taxes in fixing the amount of your award." Pp. 444 U. S. 493-498.

62 Ill.App.3d 653, 378 N.E.2d 1232, reversed and remanded.

STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, POWELL, and REHNQUIST, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 444 U. S. 498.

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