Chester Oglesby v. Southern Pacific Transportation Company

Defendant, Southern Pacific appeals the district court judgment entered against it after a jury verdict in favor of plaintiff, Charles Oglesby. We reverse and remand for a new trial.

I. Facts and Proceedings

Oglesby, a locomotive engineer for Southern Pacific, was injured when he attempted to replace an engineer’s seat in a locomotive engine. To remove the seat Oglesby reached under it and felt for an L-shaped pin that he expected to be there for the purpose of allowing the seat to be removed. He did not feel any pin and did not look under the seat to determine whether the seat was secured to the pedestal in some other way. Oglesby pulled up on the seat to remove it. Although he lifted and twisted it, it did not come off its pedestal and he injured his back.

The seat had been secured to the pedestal by a permanent “roll” pin which made the seat incapable of being changed by persons other than the roadhouse personnel. It was not the usual type of pin used and Oglesby was not aware of the use or existence of this type of pin.

Oglesby brought an action in district court alleging violations of the Federal Employers Liability Act, 45 U.S.C. § 51 (“FELA”), claiming he was injured as…