Court of Appeals for the Seventh Circuit July 20, 2006, 04-1960 (Richard J. Schmitz v. Canadian Pacific Railway Company, Doing Business as Soo Line Railroad Company, a Corporation)

SYKES, Circuit Judge.

Richard Schmitz, a train conductor for Canadian Pacific Railway Company (“Canadian Pacific”), was walking alongside the tracks late one night inspecting his train’s brakes with a lantern when he stepped into a hole and injured his leg.