SMITH v. SOO LINE R.R. CO.

No. C7-00-338.

617 N.W.2d 437 (2000)

Timothy M. SMITH, Appellant, v. SOO LINE RAILROAD COMPANY, d/b/a CP Rail System, Respondent.

Court of Appeals of Minnesota.

Review Denied November 21, 2000.


Attorney(s) appearing for the Case

Michael F. Tello, Patrick R. Gillespie, Tello & Associates, Anoka, for appellant.

Julius William Gernes, Scott Howard Rauser, Spence, Ricke, Sweeney & Gernes, St. Paul, for respondent.

Considered and decided by SHUMAKER, Presiding Judge, ANDERSON, Judge, and FOLEY, Judge.


OPINION

G. BARRY ANDERSON, Judge

Appellant railroad worker, allegedly injured while carrying a five-gallon water bottle up the stairs of his work building, sought relief under 45 U.S.C. § 51 (1994), the Federal Employer's Liability Act (FELA). The district court granted respondent railroad summary judgment based on lack of actual or constructive notice that employees were carrying bottles. Because appellant has shown that his employer and agent saw...

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