Marcial Rodriguez v. Delray Connecting Railroad

PHILLIPS, Chief Judge.

Marcial Rodriguez, the appellee, is an employee of the Delray Connecting Railroad, the appellant. He was injured while on the job during an attempt to loosen spikes with a sledge hammer type object known as a spike maul. The particular operation called for one man to loosen rusty spikes with the spike maul followed by other workmen removing the spike with a crow bar. During the occasion in question, Rodriguez, a Spanish speaking employee, had struck a spike several times and was in the midst of another swing when his co-worker, another Spanish speaking employee, stated,…