Chicago, R. I. & P. Ry. Co. v. Brown
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Thomas W. Brown against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
GROSSCUP, Circuit Judge (after stating the facts as above).
The defendant in error, a switchman in a large switch yard, was called upon, at night, to uncouple some cars. Not being in touch, by signal, with the engineer, he conveyed his signals to another switchman in advance of him, who conveyed them to the engineer. The cars were in motion on a car track at the time. The uncoupling was to be done by means of shoving the cars in motion. Had the safety appliance been in order, this could have been accomplished by defendant in error while walking at the side of the train. But the safety…
2Cases cited5 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Donegan v. Baltimore & N. Y. Ry. Co.Court of Appeals for the Second Circuit · 1908
- Union Pac. R. Co. v. BradyCourt of Appeals for the Eighth Circuit · 1908
- Suttle v. Choctaw, O. & G. R.Court of Appeals for the Eighth Circuit · 1906
- Taggart v. Republic Iron & Steel Co.Court of Appeals for the Sixth Circuit · 1905
3Cited by3 opinions
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Smith v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1913
- Popplar v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1913