SPRAGUE v. BOSTON AND MAINE CORP.

Nos. 84-1791, 84-1914, 84-2024 and 84-2025.

769 F.2d 26 (1985)

Paul SPRAGUE, Plaintiff, Appellant, v. BOSTON AND MAINE CORPORATION, Defendant, Appellee. Paul SPRAGUE, Plaintiff, Appellee, v. BOSTON AND MAINE CORP, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 1, 1985.


Attorney(s) appearing for the Case

James C. Bridgman, Boston, Mass., with whom Irving H. Sheff, Boston, Mass., was on brief for Paul Sprague.

James F. Kavanaugh, Jr., Boston, Mass., with whom Thomas D. Burns, David M. O'Connor and Burns & Levinson, Boston, Mass., were on brief for Boston and Maine Corp.

Before CAMPBELL, Chief Judge, RUBIN and BREYER, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge.

A railroad engineer sued his employer under the Federal Employers' Liability Act (FELA) for injuries suffered when the locomotive he was operating collided with a train. The railroad counterclaimed for damages to the vehicles involved in the accident, raising a question new to this circuit: whether the FELA rescinded the common law rule that permits an employer to sue his employee for damage to the employer's property. We conclude that...

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