Feichko v. Denver & Rio Grande Western Railroad
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Chief Judge.
Frank H. Feichko originally brought this action in state court against his employer, the Denver & Rio Grande Western Railroad (D & RGW), and the Southern Pacific Transportation Company (SP) for injuries he sustained while he was standing in a parked D & RGW locomotive that was struck by a moving SP locomotive. Mr. Feichko asserted three claims against each defendant, seeking damages under the Federal Employer’s Liability Act (FELA), 45 U.S.C. §§ 51 et seq., the Boiler Inspection Act (BIA), 45 U.S.C. §§ 23 et seq., 1 and common law negligence.
Defendants removed the case to…
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