New York Court of Appeals May 3, 2012 (Bready v. CSX Transportation, Inc.)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed, with costs. Assuming without deciding that defendant CSX Transportation, Inc. owed plaintiffs a higher duty of care under the Federal Employers’ Liability Act than under the common law, defendant made a prima facie showing that it did not breach that duty of care.