1. Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of this Court, providing Petitioner the Seventh Amendment right to a jury trial, when the evidence shows that decedent was on duty, "under pay," subject to control by his supervisor, and responding to his supervisor's direction to report for work to clear switches during a severe snow storm, in order to maintain interstate rail service.

2. Whether the precedent set by this Seventh Circuit decision usurps petitioner's right to a jury trial and therefore cannot stand because it will erode Congress' and this Court's strong uniform effectuation of the jury as the body charged with deciding questions of fact in FELA cases.

Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of this Court, providing Petitioner the Seventh Amendment right to a jury trial