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· 10/30/1931

Pennell, Administratrix, v. Philadelphia & Reading Railway Company

Citations

  • 231 U.S. 675
  • 34 S. Ct. 220
  • 58 L. Ed. 430
  • 1914 U.S. LEXIS 1440

Syllabus

<p>Queers, and not decided on this record, whether the purpose of the Safety Appliance Act is to protect all employés of every class and the mere absence of an automatic coupler is enough for liability if accident and injury result to an employé.</p> <p>Under the Safety Appliance Act of March 2,1893, c. 196, 27 Stat. 531, as amended March 2, 1903, c. 976, 32 Stat. 943, automatic couplers are not required between the locomotive and the tender.</p> <p>While a custom of railroads cannot justify a violation of a mandatory statute, a custom which has the sanction of the Interstate Commerce Commission is persuasive of the meaning of that statute.</p>

Judges: McKenna

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