Melvin Ammons, et al. v. Wisconsin Central, Ltd.
1. When a railroad files a counterclaim for property damage in an injured employee's FELA action to purposely or intentionally evade FELA liability to the employee, is the counterclaim a void device under Sections Five and/or Ten of the FELA, 45 U.S.C. §§ 55 and 60, as the Washington Supreme Court has held; or is it not as the Illinois Supreme Court held below?
2. When a railroad files a counterclaim for property damage in an injured employee's FELA action, does the counterclaim violate the statutory limitations on comparative negligence found in Sections Three and Four (a) of the FELA, 45 U.S.C. §§ 53 and 54a?
3. When a railroad files a counterclaim for property damage in an injured employee's FELA action, is the railroad seeking an impermissible setoff under the proviso in Section Five of the FELA, 45 U.S.C. § 55?
When a railroad files a counterclaim for property damage in an injured employee's FELA action, is the counterclaim void or does it violate statutory limitations?