United States v. Boston & M. R.

Citations

• 168 F. 148
• 1909 U.S. Dist. LEXIS 347

Syllabus

<p>1. Railroads (§ 229*) — 'Operation of Railroads — Safety Appliance Act.</p> <p>Section 4 of the safety appliance act (Act March 2. 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]) requires secure grabirons or handholds at those points in the end of each car where they are reasonably necessary in order to afford to men coupling or uncoupling cars greater security than would be afforded them in the absence of any grabiron or handhold at that point or of any appliance affording equal security with a grabiron or handhold.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 229.*]</p> <p>2. Railroads (§ 229*) — Operation of Railroads — Safety Appliance Act.</p> <p>If at any place in the end of a car there is not a grabiron or handhold, properly speaking, but some other appliance, such as a ladder or brake lever, which afforded equal security with a grabiron or a handhold at that point, the federal safety appliance law (Act March 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]), so far as grabiron or handhold at that point is concerned, has not been violated. Having something there which performs all the functions of a grabiron or handhold is just the same thing as having what is properly called a grabiron or handhold at that point.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 229.*]</p> <p>3. Railroads (§ 254*) — Safety Appliance Act — Violation—Evidence.</p> <p>Unless the government satisfies a jury by a preponderance of the evidence that there was no grabiron or handhold on the car where there should have been one, the jury should find for the railroad company.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 772; Dee. Dig- § 254*]_</p> <p>4 RAILROADS (§ 229*) - - OPERATION OR RAILROADS — SAFETY APPLIANCE ACT — “ENGAGED IN COUPLING AND UNCOUPLING CARS.”</p> <p>A man In connecting or disconnecting the air hose between, the cars is engaged in coupling or uncoupling cars within the meaning of the safe