Publication Date: 2006-06-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Michael J. Warshauer, Bradford W. Thomas and Lyle G. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
for defendant: Mark E. Toth, F. Kennedy Hall, and John E. Hall IV Hall, Bloch, Garland & Meyer, Macon, for appellee. Other party representation: James H. Wettermark Wettermark, Holland & Keith LLC, Birmingham, Ala., and Clinton J. Miller III, Cleveland, Ohio.
Case Number: A06A0150
A stopped rail car temporarily placed on an interchange track was "in use" for the purposes of the Safety Appliance Act, since it was loaded and merely subjected to a delay in carrying it to its des