Conley v. Burlington Northern Railroad

PRITCHARD, Judge.

Plaintiff, Conley, brought this action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for injuries to his left ankle occasioned when he descended from a boxcar and stepped into a hole that was partially filled with snow and which covered a discarded brakeshoe, on November 17, 1979. Conley was then engaged in his duties as a special agent for defendant railroad. According to Conley, the heel of his left foot landed on the edge of the brakeshoe which gave way causing him to turn his ankle.

Conley submitted his case to the jury in Instruction No. 5,…