Grade v. BNSF Railway Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that various regulations did not create a federal standard of care because they ―place the responsibility for implementing adequate warning devices on the State, thereby preempting any cause of action alleging a railroad failed to properly install an adequate warning device‖
• concluding that various regulations did not create a federal standard of care because they “place the responsibility for imple menting adequate warning devices on the State, thereby preempting any cause of action alleging a railroad failed to properly install an adequate warning device”
• noting that even assuming the defendant breached a duty created by a railroad safety statute, the “defendant’s negligence is not actionable unless it is a proximate cause of the plaintiff’s injuries” (quoting Scott v. Khan, 790 N.W.2d 9, 19 (Neb. Ct. App. 2010))
• “[Foggy] conditions are not uniquely local in character and could be adequately addressed at the national level.”
• “[C]onditions are not uniquely local in character . . . .”

Source: CourtListener parenthetical corpus (CC0).