Garcia v. Burlington Northern Railroad

Defendant appeals from a judgment for plaintiff in this action brought under the Federal Employers’ Liability Act (FELA). 45 USC §§ 51-60. We reverse.

The relevant facts are not in dispute. Plaintiff worked as a brakeman-switchman engaged in switching operations at one of defendant’s railway yards. That work involved coupling and uncoupling railroad cars to disassemble incoming trains and to assemble outgoing trains. In the course of disassembling one of defendant’s trains, plaintiff pulled the pin on the caboose to “set out” that car from the rest of the train. To hold the caboose in place,…