Gregory v. Missouri Pacific Railroad

*161RHESA HAWKINS BARKSDALE, Circuit Judge:

The principal issue in Allen C. Gregory’s slip and fall action against his employer, Missouri Pacific Railroad Company (MOPAC), arising out of oil on the walkway of its locomotive, is the peremptory instruction that the presence of the oil violated the Boiler Inspection Act, 45 U.S.C. § 23. Because violation of the Act, vel non, was a question for the jury, we REVERSE and REMAND for a new trial.1

I

Gregory alleged that, in January 1989, while employed by MOPAC, he slipped on oil on a locomotive walkway and fell; but this action was not filed until…