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BUTYNSKI v. SPRINGFIELD TERMINAL R.CO.

No. 09-1164.

592 F.3d 272 (2010)

Donald J. BUTYNSKI, Plaintiff, Appellant, v. SPRINGFIELD TERMINAL RAILWAY COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 22, 2010.

Attorney(s) appearing for the Case

Thomas Lesser, with whom Lesser, Newman & Nasser was on brief, for appellant.

Karen M. Thursby, with whom Herlihy, Thursby & Herlihy, LLP was on brief, for appellee.

Before: LYNCH, Chief Judge, SELYA and STAHL, Circuit Judges.

SELYA, Circuit Judge.

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a single exegesis suffices to show that...

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