Dan Mohan obtained summary judgment for Canadian Pacific Railway in a FELA case brought by a carman who claimed he injured his knee when he slipped on ballast while he was inspecting and repairing trains in the rail yard. Federal District Judge Robert Dow granted summary judgment on the grounds that even under the FELA, the plaintiff must show that the defendant had notice of the existence of a hazardous condition before it can be held liable, and the plaintiff could not show notice to Canadian Pacific.

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