Hohenleitner v. Southern Pac. Co.

• Decision Date: 07 March 1910
• Docket Number: 3,575.
• Citation: 177 F. 796
• Parties: HOHENLEITNER v. SOUTHERN PAC. CO.
• Court: U.S. District Court — District of Oregon

177 F. 796

HOHENLEITNER v. SOUTHERN PAC. CO.

No. 3,575.

United States Circuit Court, D. Oregon.

March 7, 1910

BEAN District Judge.

The plaintiff's intestate, a brakeman of the defendant company, was killed in its yards in East Portland by going between cars alleged to be used in interstate commerce for the purpose of coupling them. There is no charge in the complaint that the cars were not provided with couplers which would couple by impact when brought together, but the averment is that the lead track in the yards, where the plaintiff's intestate was at work at the time of his death, had a curve of about 20 degrees, so that when the couplers, in use on the cars by which he was killed, met they passed by each other and would not couple without a person going between the cars to adjust them, and that while the deceased was between the cars for that purpose he was struck and killed.

The defendant contends that the facts stated do not bring the case within the provisions of Act Cong. March 2, 1893, and subsequent amendments, commonly known as the 'Safety Appliance Act.' The original act provided that on or after the 1st day of July, 1908, it shall be unlawful for any common carrier engaged in interstate commerce to haul or permit to be hauled or used on its lines 'any car used in moving interstate traffic' not equipped with couplers coupling automatically by impact, an which can be uncoupled without the necessity of men going between the cars. 27 Stat 731, c. 196 (U.S. Comp. St. 1901, p. 3174). By the amendment of March 2, 1903, it is declared that the provisions of the previous act relating to automatic couplers shall apply to all locomotives, tenders, cars, and similar vehicles 'used on any railroad engaged in interstate commerce.' 32 Stat. 943, c. 976 (U.S. Comp. St. Supp. 1909, p. 1143).

This law has been frequently before the courts for construction and application, and without referring to the adjudications in detail it is sufficient for the purposes of this case that it requires all cars regularly used on any railroad engaged in interstate commerce, and all other cars used in connection therewith, to couple automatically by impact, and to be coupled and uncoupled without the necessity of men going between them, whether they are loaded or empty, and although not actually engaged in such commerce at the time. Johnson v. S.P., 196 U.S. 1, 25 Sup.Ct. 158, 49 L.Ed. 363; U.S. v. Gt. Nor. (D.C.) 145 F. 438; C., M. &...