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GREGORY v. MISSOURI PACIFIC R. CO.

No. 93-4829.

32 F.3d 160 (1994)

Allen C. GREGORY, Plaintiff-Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, d/b/a Union Pacific Railroad Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 31, 1994.

Attorney(s) appearing for the Case

Nicholas A. Foley, Donald D. Bush, Bush, Craddock, Huffsmith & Gilhooly, Dallas, TX, for appellant.

Sidney Powell, Dallas, TX, Carl R. Roth, Marshall, TX, for appellee.

Before JOHNSON, BARKSDALE and DeMOSS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The principal issue in Allen C. Gregory's slip and fall action against his employer, Missouri Pacific Railroad Company (MOPAC), arising out of oil on the walkway of its locomotive, is the peremptory instruction that the presence of the oil violated the Boiler Inspection Act, 45 U.S.C. § 23. Because violation of the Act, vel non, was a question for the jury, we REVERSE and...

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