We agree with the IAS Court that the mere existence of water on railroad tracks, located below the street level of a train terminal where it is subject to freezing, is insufficient to raise the issue of whether the tracks were hazardous. Furthermore, even if the condition is presumed hazardous, there is no evidence to establish that defendant had actual or constructive knowledge of such condition to impose liability under the Federal Employers' Liability Act (45 USC §...
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