CAVANAUGH V. WESTERN MARYLAND RAILWAY CO.
729 F.2d 289 (1984)
NATURE OF THE CASE: Railway (Ds) appealed an order, which dismissed their counterclaim
for property damage in an action brought by Cavanaugh (P) under the Federal Employers'
Liability Act (FELA).
FACTS: P was employed by D. The D train on which P was serving as engineer collided
head-on with another D train proceeding in the opposite direction on tracks owned and
controlled by D. P sued Ds under FELA to recover $1,500,000 for personal injuries sustained
from the collision. Ds answered and counterclaimed under state law for property damage in
the amount of $1,700,000. P moved to dismiss this counterclaim. The court granted the motion
Ds appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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