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TOPPING v. CSX TRANSP., INC.

No. 92-2449.

1 F.3d 260 (1993)

Delbert O. TOPPING, Plaintiff-Appellee, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1993.

Attorney(s) appearing for the Case

Fred Adkins, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, argued (James W. Turner, on brief), for defendant-appellant.

Robert Thomas Dolan, Hunegs, Stone, Koenig & Dolan, P.A., Minneapolis, MN, argued (Lawrence J. Lewis, on brief), for plaintiff-appellee.

Before WILKINSON, Circuit Judge, SPROUSE, Senior Circuit Judge, and G. Ross ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

Plaintiff Delbert Topping, a locomotive engineer, won a $350,000 verdict under the Boiler Inspection Act from his employer CSX Transportation, Inc., for injuries suffered when he slipped and fell in the cab of his train. CSX claims it should not be liable because Topping slipped on a loose metal object that was not a part of the train. We see no basis for interpreting the Act so strictly, since it requires the train to be...

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