Beugler v. Burlington Northern & Santa Fe Railway Co.

McCONNELL, Circuit Judge.

While lifting a railroad crossing gate, appellant David Beugler, a railroad conductor for Union Pacific, injured his neck and back by turning his body in response to a truck horn. He sued another railroad, appellee Burlington Northern & Santa Fe Railway Company, for negligence, claiming that it was responsible for his injuries because he had to lift the gates while a Burlington Northern crew fixed a section of broken Union Pacific track. We hold that Burlington Northern did not have a common law duty to protect Mr. Beugler from injury in these circumstances. We…