Lavigne v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Dissenting Opinion.

I agree that the judgment in this case should be reversed because, under the instructions of the court, the jury was authorized, if it found there was a violation of the Federal Safety Appliance Act, that plaintiff might recover. The Supreme Court of the United States holds that the Safety Appliance Act does not create a cause of action, but where its provisions have been violated the right to recover is ‘1 according to the applicable statute” of the State. Moore v. C. & O. Ry. Co., 291 U. S. 205; Fairport R. Co. v. Meredith, 292 U. S. 589; Gilvary v. Cuyahoga Valley Ry.…