Simpkins v. Baltimore & Ohio Railroad

MEMORANDUM OPINION ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

HOGAN, District Judge.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq. and the Safety Appliance Act and Locomotive Boiler Inspection Act, 45 U.S.C. § 1, et seq. to recover for injuries sustained by plaintiff, an employee of the defendant Baltimore and Ohio Railway Company. Before the Court are cross motions for partial summary judgment as to count two of the complaint, the count dealing with the Safety Appliance Act and the Locomotive Boiler Inspection Act.

The facts of the case are undisputed…