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…
1Concurrence
The judgment must be reversed with costs, and a new trial awarded.
BURTON, Circuit Judge.
I entirely concur' in the conclusion of the court and the interpretation , given to the car coupler act, but I cannot agree that this car was so clearly “in use” contrary to the provisions of that act, as herein interpreted, as to take that question from the jury. I think the stoppage of this car oh the dead track was not in any true sense an incident of its transportation in interstate traffic. True, its journey was not finished, but its further journey had been stopped because the next carrier refused to…
2Cases cited4 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Dunbar v. KellyMassachusetts Supreme Judicial Court · 1905
- Taylor v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Illinois Central Railroad v. BowlesMississippi Supreme Court · 1894