Legal Opinion · Dissent

Western & Atlantic Railroad v. Gentle

Court of Appeals of Georgia

Decided July 14, 1938No. 26721Published

1DissentStephens, P. J.

Where a failure of a coupler to couple is due to a defective coupler, this constitutes a violation of the statute. The law seems settled by the decisions of the courts that the failure of couplers to couple, when conditions such as speed at which the train is moving, etc., are such under which couplers which are in good condition, and not defective, should function properly and cause the cars to couple, authorizes an inference *298that one of the couplers is defective as a coupler, and that the safety-appliance statute is violated. Auchenbach v. Philadelphia &c. Ry. Co., 8 Fed. (2d) 350;…

2Cases cited5 opinions

  1. Philadelphia & R. Ry. Co. v. EisenhartCourt of Appeals for the Third Circuit · 1922
  2. Burho v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
  3. Saxton v. Delaware & Hudson Co.New York Court of Appeals · 1931
  4. Yazoo & M. V. R. v. CockerhamMississippi Supreme Court · 1924
  5. Henry v. State ex rel. CoodyMississippi Supreme Court · 1922

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