United States First Circuit

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Menard v. CSX Transp., Inc., 12-1155

In a plaintiffs' suit against a railroad company for sustaining injuries while crossing over a railroad track, district court's dismissal of the complaint and denial of a motion to amend, is vacated where a limited remand is appropriate to allow plaintiff to allege the remaining peril-and-negligence claim, and explain to the district judge what basis he has to believe that narrow discovery is warranted as to the brief interval between the switch incident and plaintiff's fall under the wheels of the train.

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012


  • Boudin


  • United States First Circuit