Gray v. Louisville & N. R.

Citations

• 197 F. 874

Syllabus

<p>1. Master and Servant (§ 111*) — Safety Appliance Act — Defective Cars — ■ Removal from Switch to Repair Shops.</p> <p>A car containing interstate commerce after having arrived in the yard at destination preparatory to being transported to the private switch track of the consignee was rendered defective by one of the couplers being jerked out, and the car left at one end without a coupler that would operate automatically. Without being repaired, it was transported to the private switch to be unloaded, and, after being unloaded, defendant prepared to remove it to its shops for repairs, and for that purpose attempted to couple it to another car standing on the switch which was in good order, and was likewise to be removed to the railroad yards for general uses, and at the time was attached to a switch engine. While plaintiff’s intestate was engaged in attempting to make a chain coupling, the engine and car were shoved back against the defective car, and intestate was caught and killed. Held, tbiat such movement of the car on which the coupling had been destroyed was in violation of the Safety Appliance Act (Act March 2, 1893, e. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]).</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ . 215-217, 255; Dee. Dig. § 111.*]</p> <p>2. Railroads (§ 229*) — Regulation — Safety Appliance Act — Private Switches.</p> <p>Where a private switch leading to a mill was used by defendant railroad company in transporting cars in interstate commerce to and from the mill, as they were consigned, with the railroad’s own engines and crews, such track constituted a “railroad” and a part of defendant’s line to which the Safety Appliance Act (Act March 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]) was applicable.</p> <p>[Ed. Note. — For other eases, see Railroads, Cent. Dig. § 743; Dec. Dig. § 229*</p> <p>For other definitions, see Words and Phrases, vol. .7, pp. 5899-5908; vol. 8, pp. 7777-7778.]</p>