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PINKHAM v. MAINE CENT. R. CO.

No. 88-1932.

874 F.2d 875 (1989)

Edward E. PINKHAM, Plaintiff, Appellant, v. MAINE CENTRAL RAILROAD COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 15, 1989.

Attorney(s) appearing for the Case

Michael E. Saucier with whom Hunt, Thompson & Bowie, Portland, Me., was on brief, for plaintiff, appellant.

Glen L. Porter with whom Eaton, Peabody, Bradford & Veague, P.A., Bangor, Me., was on brief, for defendant, appellee.

Before BOWNES, Circuit Judge, COFFIN, Senior Circuit Judge, and FUSTE, District Judge.

FUSTE, District Judge.

Plaintiff-appellant Edward Pinkham suffered personal injuries while attempting to dismount a locomotive owned by the defendant-appellee, Maine Central Railroad ("Maine Central"). Pinkham based his two-count suit for damages on the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., and on the Boiler Inspection Act, 45 U.S.C. § 23. After all the evidence the district court dismissed the latter claim and submitted the former to...

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