Legal Opinion

Louis E. Zimmerman v. Montour Railroad Company, Inc.

Court of Appeals for the Third Circuit

Decided December 4, 1961No. 13595PublishedCited by 24 opinions

1Opinion of the Court

STALEY, Circuit Judge.

In an action tried to the court, defendant railroad company was found liable to one of its employees whose right hand was severed while he was attempting to manually couple two railroad cars which were the fifth and sixth cars in a string of fifteen. Liability was based on Section 2 of the Safety Appliance Act, 45 U.S.C.A. § 2, which makes it unlawful for a railroad engaged in interstate commerce to use cars not equipped with couplers that couple automatically upon impact.

On appeal, defendant contends that there is no evidence in the record to support a finding that the…

2Cases cited5 opinions

  1. Schilling v. Schwitzer-Cummins Co.Court of Appeals for the D.C. Circuit · 1944
  2. Triangle Conduit & Cable Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1948
  3. Clayton Mark & Co. v. Federal Trade CommissionSupreme Court of the United States · 1949
  4. Goodacre v. PanagopoulosCourt of Appeals for the D.C. Circuit · 1940
  5. The Travelers Insurance Company v. C. E. DunnCourt of Appeals for the Fifth Circuit · 1956

3Cited by24 opinions

  1. United States v. $242,484.00Court of Appeals for the Eleventh Circuit · 2004
  2. Ethelyn Gilbert v. W. L. Sterrett, Dallas County Judge, Etc.Court of Appeals for the Fifth Circuit · 1975
  3. Earl Manning v. Margaret L. JonesCourt of Appeals for the Eighth Circuit · 1965
  4. S. S. Silberblatt, Inc., and the Travelers Indemnity Company v. United States of America, for the Use and Benefit of Lambert CorporationCourt of Appeals for the Fifth Circuit · 1965
  5. Sydney H. Blumenthal, Administrator of the Estate of Donald W. Eastridge, Deceased, Libellant v. United StatesCourt of Appeals for the Third Circuit · 1962

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