agreeing with Marshall, but distinguishing the plaintiff's claim as not being a "failure to install" claim because the defendant had already installed a beacon light which later failed to work
Summary of this case from McGinn v. Burlington Northern R. Co.No. 85-230.
October 7, 1985, October TERM, 1985.
C.A. 6th Cir. Certiorari denied. JUSTICE O'CONNOR took no part in the consideration or decision of this petition. Reported below: 757 F. 2d 796.
agreeing with Marshall, but distinguishing the plaintiff's claim as not being a "failure to install" claim because the defendant had already installed a beacon light which later failed to work
Summary of this case from McGinn v. Burlington Northern R. Co.Full title:AUTHIER v. GINSBERG ET AL
Court:U.S.
Date published: Oct 7, 1985
Such "failure to install" claims have been rejected. Id.; Mosco, 817 F.2d at 1091-92; Mahutga v. Minneapolis,…
Eaton v. CommonwealthFare v. Michael C., 442 U.S. 707, 718 (1979). The trial court, relying on Poyner v. Commonwealth, 229 Va.…