Denver & R. G. R. Co. v. Arrighi

Citations

• 129 F. 347
• 63 C.C.A. 649
• 1904 U.S. App. LEXIS 4054

Syllabus

<p>1. Master and Servant — Railroads—Injuries to Servant — Coupling Cars —Statutes—Assumption op Risk — Contributory Negligence.</p> <p>Act March 2, 1893, c. 196, § 8, 27 Stat. 532 [3 U. S. Comp. St. 1901, p. 3176], providing that any employé of any interstate carrier who may be injured by any car used in interstate traffic by reason of the same not having been equipped with an automatic coupler device coupling by impact shall not be deemed to have assumed the risk thereby occasioned, though continuing in the employment of the carrier after the unlawful use of the car had been brought to his knowledge, did not relieve an employé injured by a car not so equipped from liability for his own contributory negligence.</p> <p>2. Same — Evidence.</p> <p>Plaintiff, a skilled switchman, was injured while attempting to couple two cars equipped with link and pin couplings, with which he was perfectly familiar. The engineer was under his direction at the time, and backed the train so slowly that it barely moved. Plaintiff took hold of the link of the. approaching car with his left hand to guide it, and, having done so, left his hand between the drawheads until his fingers were crushed by the impact. Held, that under the particular facts appearing in the case the plaintiff was guilty of contributory negligence as a matter of law.</p> <p>If 1. Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.</p>