Whether summary judgment was properly granted in a Federal Employers' Liability Act case

QUESTION PRESENTED In this Federal Employers’ Liability Act case, was summary judgment for the defendant railroad properly granted when (1) the courts below required proof of prior accidents, complaints, or reports in order to establish the railroad’s actual or constructive notice of a dangerous condition, (2) the courts below weighed evidence and _ witnesses’ credibility, and (3) an appellate panel refused to consider an issue that was implicitly raised in the trial court?