St. Louis & S. F. R. Co. v. Delk
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. This is an action in which the plaintiff, Delk, sought to recover damages for a personal injury suffered by him, as he alleges, in consequence of the negligence of the railroad company in failing to. provide that protection for his safety which the law requires, while he was engaged in coupling freight cars in Its yard at Memphis.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. This is an action in which the plaintiff, Delk, sought to recover damages for a personal injury suffered by him, as he alleges, in consequence of the negligence of the railroad company in failing to. provide that protection for his safety which the law requires, while he was engaged in coupling freight cars in Its yard at Memphis. At the trial he obtained a verdict, and judgment was entered in his favor. The cause was brought here on writ of error ; and upon the suggestion of the Interstate Commerce…
1Opinion of the CourtSeverens, Circuit Judge
The question which seems first in order is one raised by the plaintiff in error, and is whether the car to which the defective coupling was attached was at the time of the accident employed in interstate commerce. The plaintiff in error claims that it was not, and was laid by for repairs. But we are inclined to think otherwise. Its cargo had not yet reached its destination, and Was not then ready for the delivery to the consignee wherewith the commerce would have ended. Its stoppage in the yard was an incident to the transportation. The injury to the coupler was one easily repaired without…
2Cases cited16 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. FisherSupreme Court of the United States · 1805
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Patterson v. Bark EudoraSupreme Court of the United States · 1903
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3Cited by33 opinions
- Lawrence M. Miller v. Cincinnati, New Orleans and Texas Pacific Railway CompanyCourt of Appeals for the Sixth Circuit · 1963
- Luken v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1911
- United States v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1909
- United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1908
- Baker v. Michigan Central RailroadMichigan Supreme Court · 1912
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