Court of Appeals for the Tenth Circuit May 29, 1990, 87-1005, 87-1012 (Randall J. Miller, Plaintiff-Appellee/cross-Appellant v. Union Pacific Railroad Company, Defendant-Appellant/cross-Appellee)

LOGAN, Circuit Judge.

Plaintiff Randall J. Miller is an employee of Agco, Inc., an agricultural grain storage company located in Russell, Kansas. He was injured while attempting to couple two loaded grain cars owned by defendant Union Pacific Railroad Co.

Miller brought a common law negligence action against Union Pacific in federal court under the diversity statute, 28 U.S.C.