Lakin v. Consolidated Rail Corp.

MILLER, Judge.

Plaintiffappellant Charles H. Lakin, a locomotive engineer, brought an action in state court against his employer defendant-appellee Consolidated Rail Corporation (Conrail) to recover for injuries he allegedly suffered while making an emergency exit from a locomotive which had collided with a truck at a railroad crossing in Marion County, Indiana. Lakin claimed that while exiting, he tripped over a cable lying across the floor of the locomotive and was injured. Lakin filed suit under the Federal Employer's Liability Act, 45 U.S.C. §§ 51-60 (FELA), alleging Conrail was negligent.…