Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-03-22
LAW TO Be TESTED
THE ROCK ISLAND MUST DEFEND
ITSELF ON COUPLER
QUESTION.
Government Files Important Suit
Against Railroad company-Twelve
Counts in the Petition-Case Is An
Important One to All Railroads.

Des Moines, March 81. - A very i'm
portant action for damages against
the Chicago, Rock Island & Pacific
Railroad company, which will for the
first time in Iowa test the new auto
courts, was on Saturday filed in the
office of Clerk Macarthur on behalf of
the United States and the petition
charges in twelve different counts, al
legged violations of the automatic coup
Ter law. Each count Of the petition
charges a separate and distinct Of
Tense and in each instance the partic.
ular defect in the coupling apparatus
which is claimed to be in violation of
the act is described and pointed out
Carroll Wright the Rock Islands
general attorney for Iowa, in dis
cussing the cases said: 1.-THE
case in my opinion is very important
one, and means great deal to the
company. If the company is liable for
the sort of defects pointed out in this
petition it will be hard to see the end
of litigation.
"The situation is this: Before this
act was passed the old Miller coupler
not have enough play to use on freight
trains. and so when the Janney coup.
Ter came out, which was adaptable for
freight cars it was adopted by the
master carbuilders and was generally
put on freight cars.
Now it so happens that these auto.
matte couplers like all other things
will get out of order, in spite of all that
can be done by the roads to prevent
it. A chain will break, pin will get
lost or something will happen which
will make the coupler refuse to couple
upon impact as the law requires.
Take the case at hand, for instance
Every one of those cars had beer
equipped with the automoaic coupler
Vas required by the act. Each of then
had been inspected time after time ant
1t was after they left the inspector
land were on their way to another thai
the apparatus got out of order. How
could the road prevent that? If the
road puts the coupler on the car ant
has it inspected every day in accord
ance with its rules and between in
spections an accident happens which
puts the coupler in such shape that i
will not work, who is at fault? Whel
the coupler gets out of order we can
not well cut out the car, unless Their,
is some danger imminent from carry
ling it. 1t is likely to be filled witt
goods and merchandise and we mus
take it along. The only thing, then
that we can do is to make that COUP
ling with the hands.
"The court of appeals has decided
in case where the Miller coupler wa
on one car and the Janney on the othe
and they failed to couple, with tn
result that man was crushed, tina
where the road had equipped the car
with the automatic coupler it had don
it's duty, and the mere fact that ther
happened to be defect in the couplin
. did not make the road liable. 1t is m
contention in this case that when tn
. road has equipped the cars with tn
. automatic couplers, as the law re
uuires and has used all reasonable dill
! gence, as it had, to keep them in order
. it will not be liable under the statut
: for 500 penalty every time one G
! those couplers happens to get out Q
I order.
This is the first case ever brough
!. in Iowa under this law, and there hav
I been very few cases like it. We hav
! one now pending in Chicago and one i
!. Dakota similar to this case I sha
: be surprised if they go far with then
as l am confident that the interstat
commissioners will see the absurdity {
trying to hold the roads responsible
every time coupler gets out of orde
regardless of the question of fault"