Smith v. Soo Line Railroad

OPINION

G. BARRY ANDERSON, Judge

Appellant railroad worker, allegedly injured while carrying a five-gallon water bottle up the stairs of his work building, sought relief under 45 U.S.C. § 51 (1994), the Federal Employer’s Liability Act (FELA). The district court granted respondent railroad summary judgment based on lack of actual or constructive notice that employees were carrying bottles. Because appellant has shown that his employer and agent saw bottles stored on a building’s first floor and knew they were used by third-floor employees who had no elevator to transport them, appellant has…