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JORDAN v. SOUTHERN RY. CO.

No. 91-2252.

970 F.2d 1350 (1992)

Robert D. JORDAN, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1992.

Attorney(s) appearing for the Case

Henry Dargan McMaster, Columbia, S.C., argued (John Gregg McMaster, on brief), for defendant-appellant.

Blake George Arata, Jr., Davis & Saunders, P.L.C., Metairie, La., argued (Benjamin B. Saunders, C. Perrin Rome, III, Metairie, La., Austin J. Tothacer, Pinopolis, S.C., on brief), for plaintiff-appellee.

Before HALL and LUTTIG, Circuit Judges, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Southern Railway Company (Railroad) appeals the district court's denial of its motion for partial summary judgment in this action under the Federal Employers' Liability Act (FELA). The district court certified a question for interlocutory appeal: "Is the door and ratchet mechanism of a railroad ballast car a safety appliance within the terms of the Safety Appliance Act, 45 U.S.C. Sections 1-16, et seq.?" Because we...

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