Fellers v. St. Louis-San Francisco Railway Co.

I respectfully dissent.

This was an action based on negligence, not breach of a custom. Plaintiff’s lawsuit was based upon defendant’s alleged failure to design, construct and maintain its crossing and a suitable warning device in the manner that a reasonable and prudent railroad would have done in the same circumstances.

Plaintiff’s expert, Gerald Cysewski, was offered for the sole purpose of stating facts regarding the criteria promulgated by the American Association of Railroads for the design, construction and maintenance of crossings and suitable warning and safety devices. This testimony…