The Business of Environmental Technology: Hearing Before the Committee on Small Business and Entrepreneurship, United States Senate

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...pin chain attached thereto or not. (Post, p. 414.) SAME. Violation of rule by conductor tending to prevent accident cannot be complained of by injured switchman, when. In an action of damages for the death of a railroad switchman caused by a jerk of the car as a result of the conductor's inaability to uncouple the car, because the coupling pin chain was broken, it is immaterial that the conductor, in attempting to uncouple the car, violated a rule of the railroad company prohibiting employees from going between the cars when in motion, and directing that, if anything connected with the coupling apparatus was defective, the employee should not attempt to make the coupling, but should make report of the defect. The conductor's violation of the rule could not have contributed in any way to the death of the switchman, but, on the contrary, must have tended to prevent the accident. (Post, 1: . 417.) SAME. Declaration not stating a cause of action for the violation of the federal safety appliance act. Where the declaration for the death of a railroad switchman resulting from a defective coupling pin chain on a freight car avers only incidentally that defendant was a common carrier operating numerous lines of railroad running to divers places and points in and beyond the State of Tennessee; but not even averring that the particular car alleged to be defective was being used in interstate trafilc, it does not state a cause of action for the violation of the federal safety appliance act prohibiting railroads from using cars in interstate tratiic not equipped with automatic couplers obviating the necessity of going between the cars, and providing that there shall be no assumption of risk by any employee injured by going between the cars...