Legal Opinion

BROWN v. NBM RAIL SERVICES INC

District Court, D. Maine

Decided December 12, 2022No. 1:21-cv-00101Unknown

1Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE DANIEL A. BROWN, ) ) Plaintiff, ) ) 1:21-cv-00101-JAW v. ) ) NBM RAIL SERVICES, INC., ) ) Defendant. ) ORDER AFFIRMING IN PART AND REJECTING IN PART THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE A defendant railroad objects to the Magistrate Judge’s recommendation that the Court deny summary judgment on a plaintiff railroad worker’s claim that the railroad violated

45 U.S.C. § 51

by acting negligently when it failed to provide him with a hydraulic machine to remove screw spikes. Because a railroad company is not liable under

45 U.S.C. § 51

for…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. RaddatzSupreme Court of the United States · 1980
  3. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  4. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  5. Robert Goldman v. First National Bank of BostonCourt of Appeals for the First Circuit · 1993

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