McGRATH v. CONSOLIDATED RAIL CORP.

Nos. 97-1063, 97-1064.

136 F.3d 838 (1998)

Michael McGRATH, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee. Michael McGRATH, Plaintiff-Appellee, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided February 12, 1998.


Attorney(s) appearing for the Case

Alan D. Voos, with whom Collins, Collins & Kantor, P.C., Buffalo, NY, was on brief, for appellant Michael McGrath.

Leonard F. Zandrow, Jr., with whom Michael B. Flynn and Brister & Zandrow, LLP, Boston, MA, were on brief, for appellee Consolidated Rail Corporation.

Before TORRUELLA, Chief Judge, GODBOLD, Senior Circuit Judge, and BARBADORO, District Judge.


TORRUELLA, Chief Judge.

On June 13, 1995, plaintiff-appellant Michael McGrath ("McGrath") commenced this action for personal injuries he suffered as an employee of defendant-appellee Consolidated Rail Corporation ("Conrail"). McGrath alleges that Conrail was negligent in failing to provide him with a safe work place pursuant to the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq., and was liable under the Federal Boiler Inspection Act...

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