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In a negligence action brought under the Federal Employer's Liability Act and the Locomotive Inspection Act, district court judgment is affirmed where: 1) the district court has broad discretion in choosing the language of jury instructions and thus did not abuse its discretion in its instructions to the jury on negligence and contributory negligence; 2) the court did not abuse its discretion in allowing the railroad to introduce evidence that plaintiff was discharged for misconduct as plaintiff opened the door with his own testimony; 3) the court did not abuse its discretion in admitting evidence concerning absences as it was relevant to credibility; and 4) the court did not err in granting summary judgment for railroad on plaintiff's Locomotive Inspection Act claim as the evidence showed the locomotive was not in use at the time plaintiff was injured.
Appeal from the United States District Court for the Western District of Arkansas.
Submitted: January 15, 2009
Filed: July 29, 2009
Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge
Opinion by SMITH, Circuit Judge.
LIMBAUGH, District Judge, concurring.
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