Brady v. Terminal Railroad Assn.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a train on a receiving track awaiting inspection was “in use”
• stating that the Court must first address “whether the car can be said to have 42 R. Doc. 10-1 at 10-11. been in use by the respondent at the time in question”
• forwarding railroad in control of car and therefore held liable for injury occurring on receiving railroad’s tracks during initial inspection of car by receiving railroad
• train was in use where it was “brought into the yard ... and placed on a receiving track temporarily pending the continuance of transportation”
• the statutory duty imposed upon the carrier is an absolute one, not based upon negligence, and the carrier is not excused by any showing of care
• car placed on a receiving track pending the continuation of transportation after inspection, which was temporarily paused on its journey, remained “in use”

Source: CourtListener parenthetical corpus (CC0).