Davis v. Minneapolis & St. L. R. Co.

Decision Date10 November 1916
Docket NumberNo. 19914[57].,19914[57].
Citation159 N.W. 802,134 Minn. 369
CourtMinnesota Supreme Court
PartiesDAVIS v. MINNEAPOLIS & ST. L. R. CO.

OPINION TEXT STARTS HERE

Appeal from District Court, Ramsey County; Olin B. Lewis, Judge.

Action by T. D. Davis against the Minneapolis & St. Louis Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Syllabus by the Court

A violation of the federal Safety Appliance Act (Act March 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1913, §§ 8605-8612]) may be established by proof that repeated efforts to work the lever of an automatic coupler, in the manner it is designed to be worked by switchmen in railroad operations, failed to lift the coupling pin. W. H. Bremner and F. M. Miner, both of Minneapolis, for appellant.

Barton & Kay, of St. Paul, for respondent.

HOLT, J.

The only question on this appeal is: Does the evidence sustain the finding of the jury that the car, which plaintiff attempted to uncouple when injured, was equipped with a defective coupler in violation of the federal Safety Appliance Act?

Plaintiff was in the service of defendant as a switchman in its yards at Des Moines, Iowa, and had been engaged in that work for many years previous to June 3, 1915. In the early forenoon of that day he, with a crew, was moving four cars in the yard. It is admitted that defendant was then engaged in transporting interstate commerce and plaintiff was assisting therein. The locomotive was behind pushing the cars, and plaintiff's duty was to cut off the two cars in front when a suitable momentum was reached, so as to let them run in on a side track, the switch of which was being held open by another switchman. In this operation it was necessary to uncouple while the train was in motion. It was moving at the rate of from four to six miles an hour when plaintiff started to work the coupling lever. He was on the right-hand side of the train as it was moving and the lever was upon the front end of the rear car of the two between which the cut was to be made. The lever falls short several inches of extending to the side of the car so it is necessary to reach in between the cars in working it. The lever on this particular car was operated by pushing or bearing down on it. Plaintiff claims that, as he was walking or running along the train, he took hold of the lever with his left hand and made several futile attempts to work it, but that he was unable to thereby lift the coupling pin, and he then went in between to lift it by hand. In so doing he stumbled and fell, resulting in the loss of an arm.

Defendant produced three witnesses who examined this coupler within 30 minutes after the accident, and they all declare that no defect could be detected in any of its parts, and that it operated properly when the lever was pressed. It is contended that this evidence, when considered with the physical fact that a simple mechanical contrivance like this coupler, shown to be in good condition and workable a short time after the accident, must have been in the same state at the time thereof, and conclusively established that there was no violation of the Safety Appliance Act, hence defendant should have judgment notwithstanding the verdict. Of course, the burden was upon plaintiff to prove the alleged negligence of defendant by showing that the car was not equipped with such a coupler as is required by the statute mentioned, and that this violation of law proximately caused his injury. This he claims to have done by the proof that repeated efforts to push, press, or bear down on the lever failed to uncouple. He is in a measure corroborated in this by a witness, called by defendant,...

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15 cases
  • Kimberling v. Wabash Ry. Co.
    • United States
    • Missouri Supreme Court
    • 30 d2 Julho d2 1935
    ... ... Louis & S.F. Ry. Co. v. Conarty, 238 U.S. 243, 59 L. Ed. 1290, 35 Sup. Ct. 785; Lang v. Ry. Co., 255 U.S. 455, 65 L. Ed. 729, 41 Sup. Ct. 381; Davis v. Wolfe, 263 U.S. 239; Davis v. Hand, 290 Fed. 73, certiorari denied, 263 U.S. 705; Phillips v. Railroad Co., 283 Fed. 381, certiorari denied, 260 ... 317, 33 Sup. Ct. 840, 57 L. Ed. 1204; San Antonio & A.P. Railroad Co. v. Wagner, 241 U.S. 476, 36 Sup. Ct. 626, 60 L. Ed. 1110; Minneapolis & St. L. Railroad Co. v. Gotschall, 244 U.S. 66, 37 Sup. Ct. 597, 61 L. Ed. 995; L. & N. Railroad Co. v. Layton, 243 U.S. 617, 37 Sup. Ct. 456, 61 L ... ...
  • Kimberling v. Wabash Ry. Co.
    • United States
    • Missouri Supreme Court
    • 30 d2 Julho d2 1935
    ... ... F. Ry. Co. v. Conarty, 238 U.S. 243, ... 59 L.Ed. 1290, 35 S.Ct. 785; Lang v. Ry. Co., 255 ... U.S. 455, 65 L.Ed. 729, 41 S.Ct. 381; Davis v ... Wolfe, 263 U.S. 239; Davis v. Hand, 290 F. 73, ... certiorari denied, 263 U.S. 705; Phillips v. Railroad ... Co., 283 F. 381, ... 317, 33 S.Ct. 840, 57 L.Ed. 1204; ... San Antonio & A. P. Railroad Co. v. Wagner, 241 U.S ... 476, 36 S.Ct. 626, 60 L.Ed. 1110; Minneapolis & St. L ... Railroad Co. v. Gotschall, 244 U.S. 66, 37 S.Ct. 597, 61 ... L.Ed. 995; L. & N. Railroad Co. v. Layton, 243 U.S ... 617, 37 S.Ct ... ...
  • Chicago, I.&L. Ry. Co. v. Stierwalt, 12400.
    • United States
    • Indiana Appellate Court
    • 27 d3 Outubro d3 1926
    ... ... Affirmed. C. C. Hine and Alfred Evens, both of Chicago, Ill., and George W. Henley, of Bloomington, for appellant. [153 N.E. 808] Davis & Michel, of Minneapolis, Minn., and Miers & Corr, of Bloomington, for appellee. McMAHAN, P. J. This is an action for damages under the federal ... ...
  • Chicago, Indianapolis And Louisville Railway Company v. Stierwalt
    • United States
    • Indiana Appellate Court
    • 27 d3 Outubro d3 1926
    ... ...          C. C ... Hine, Alfred Evens, William L. Taylor and George W. Henley, ... for appellant ...          Davis & Michel and Miers & Corr, for appellee ...           ... OPINION ... [153 N.E. 808] ...           [87 ... Ind.App. 480] ... sense of want of care is immaterial." ...          In ... Davis v. Minneapolis, etc., R. Co. (1916), ... 134 Minn. 369, 159 N.W. 802, it appeared that a coupler would ... not function when the plaintiff took hold of the lever ... ...
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