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SCHMITZ v. CANADIAN PACIFIC RY. CO.

No. 04-1960.

454 F.3d 678 (2006)

Richard J. SCHMITZ, Plaintiff-Appellant, v. CANADIAN PACIFIC RAILWAY COMPANY, doing business as Soo Line Railroad Company, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 2006.

Attorney(s) appearing for the Case

Steven P. Garmisa (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellant.

William H. Frazier (argued), Godfrey, Braun & Frazier, Milwaukee, WI, for Defendant-Appellee.

Before CUDAHY, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Richard Schmitz, a train conductor for Canadian Pacific Railway Company ("Canadian Pacific"), was walking alongside the tracks late one night inspecting his train's brakes with a lantern when he stepped into a hole and injured his leg. He sued Canadian Pacific under the Federal Employers' Liability Act ("FELA"),1 alleging that Canadian Pacific negligently allowed trackside...

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