Boyer v. Atchison, Topeka & Santa Fe Railway Co.

This appeal by the defendant,. the Atchison, Topeka and Santa Fe Railway Company, comes to this court through a certificate of importance issued by the Appellate Court, First District, certifying that questions of daw of such importance are involved that they should be passed on by this court. The questions presented are: (1) whether a violation of the Federal Safety Appliance Act, 45 U.S.C. §§ 1 et seq., is in itself an actionable wrong and, if so, is strict liability imposed through such violation; (2) whether the defendant can avoid liability by the exculpatory provision of the pass issued…