BIRMINGHAM SOUTHERN R. CO. v. McDONALD

SC 1483.

339 So.2d 1004 (1976)

BIRMINGHAM SOUTHERN RAILROAD CO., a corp. v. James E. McDONALD.

Supreme Court of Alabama.

November 24, 1976.


Attorney(s) appearing for the Case

William C. Knight, Jr., Birmingham, for appellant.

Timothy M. Conway and Rives, Peterson, Pettus, Conway, Elliott & Small, Birmingham, for appellee.


BLOODWORTH, Justice.

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...

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