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COFFEY v. NORTHEAST ILL. REG. COMMUTER R. CORP.

No. 06-2310.

479 F.3d 472 (2007)

Frank T. COFFEY, Plaintiff-Appellant, v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION (METRA), Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 2007.

Attorney(s) appearing for the Case

James T. Foley (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellant.

Daniel J. Mohan (argued), Bernard Roccanova, Daley & Mohan, Chicago, IL, for Defendant-Appellee.

Before BAUER, POSNER, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff, who worked as an engineer for a commuter railroad, brought suit against his employer, charging negligence under the Federal Employers Liability Act, 45 U.S.C. §§ 51-60, plus a violation of the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703 (such a violation is negligence per se under the FELA). Early one morning, when it was still pitch dark, the plaintiff had climbed into the driver's cab of the train...

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