PORTER v. BANGOR & AROOSTOOK R. CO.

No. 95-1808.

75 F.3d 70 (1996)

Mark J. PORTER, Plaintiff, Appellant, v. BANGOR & AROOSTOOK RAILROAD COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 9, 1996.


Attorney(s) appearing for the Case

James F. Freeley, III with whom James F. Freeley, Jr. and Freeley & Freeley, Boston, MA, were on brief, for appellant.

Jeffrey T. Edwards with whom Elizabeth J. Wyman and Preti, Flaherty, Beliveau & Pachios, Portland, ME, were on brief, for appellee.

Before SELYA, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.


BAILEY ALDRICH, Senior Circuit Judge.

Mark J. Porter, an experienced brakeman employed by defendant Bangor & Aroostook Railroad Co., injured his back on October 1, 1992, while adjusting a rusty car coupler device that had previously failed to couple automatically with another car. He seeks recovery under the Federal Safety Appliance Act (FSAA), 45 U.S.C. § 2,1 a statute that has been ruled...

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