Robert E. Hatfield v. Burlington Northern Railroad Company

ORDER ON REMAND

JOHN P. MOORE, Circuit Judge.

This case is before us after our judgment, previously reported as Hatfield v. Burlington Northern R. Co., 958 F.2d 320 (10th Cir.1992), was vacated by the Supreme Court and remanded for further consideration in light of CSX Transportation, Inc. v. Easterwood, 507 U.S. -, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993). Having reconsidered, we conclude the case must be remanded for further proceedings.

In the original appeal of this case, we held Kansas law did not apply to a grade crossing collision involving Mr. Hatfield because the adoption of the Manual on…