Birmingham Southern R. Co. v. McDonald

Defendant, Birmingham Southern Railroad Co., appeals from a judgment for plaintiff, James E. McDonald, in an action brought under the Federal Employers' Liability Act.

In March 1974, plaintiff was employed by defendant as a hostler. A hostler's job is to service locomotives and includes checking the fuel, lube oil, air compressor oil, governor oil, and water. To perform these tasks, a hostler must traverse the walkway which borders a diesel locomotive's hood.

One day as plaintiff was servicing defendant's locomotive No. 93, he stepped on a small object and his foot slid off the walkway, causing…