The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-20
ORIGINATED IN UTAH.
Company Had the Case Removed
From the State Courts.

Ogden. Dec. photographic announce
Ihcht came today to w l.. Maginnis
from Washington TO the effect that the
case OF w. o. Johnson against the South
ern Pacific had been decided in John
son $ favor. a new trial being ordered.
} ne UeclSlon assumes national Importance
aad VIII be hailed everywhere = a great
victory Tor trainmen. as II is the first
olrect and positive ruling of the 81 prcme
court Of the nation which makes rail-
road companies responsible for accidents
thdl might have been avoided by tho
use OF automatic cOuDiers. The principle
Is also established that dining cars ana
FUllmans must also be equipped in SINH
Idr manner with the automatic COuplerS.
After the case had been decided in the
circuit court against Johnson tho inter
state commerce commission took the mat
Ter ~ and pushed the case 10 d de-
clsiOn before the supreme court.
Plaintiff an Ogden Brakeman.
W. o.. Johnson. the petitioner was a
cltlc company between Carin and Ogden.
ana was injured while engaged in his
9uucs on the 5th of August, 1900. At
GromOntOry the conductor of the freight
train was instructed by telegraDhic or
deTs of the train dispatcher to take his
engine from his freight train and couple
10 q certain dining car standing upon a
switch AT PromontOry, and turn the din
Ing ear around so that the kitchen would
pe upon the rear end Of the car. The
conductor instructed Johnson. the brake
engine from the freight train, that cOu-
ping being made by what is known as the
fancy or master car builders coupler, and
Whlch coupled automatically without
making il necessary for men to go be
tween the cars to couple and UncOUple.
Car Had MILLER Hook"
He then signaled the engine to run
u ahead and back down on Nthe switch to
u make the coupling with the dining car
As II backed down with the ender behind
I rnH Ng init
equipped with what is known as a Miller
hook, which is an automatic appliance
which viii couple with other Miller hooks
mt Will not couple with any of the thirty
seven varieties or kinds of the master
car builders type of coupler and i'm order
TO couple the dining car TO the tender of
the engine il became necessary to use a
link and pin. which he undertook 10 do.
lie gave testimony in the lower courts
mat he had performed this duty num-
Der If times before and that il was com
mon upon the railroad, although difficult
and dangerous.
His Arm Crushed.
When the engine came back the first
time ne faled % ue=s she coupling. lie
slgnaled the engine 10 pull ahead to in
SCrt the link in the Janey coupler. and
ahead and back. The third time his arm
was caught between the bumpers on the
0icing car and tender and was crushed so
Jhat. II had to be ampULated.
he dining car was used by the COM
pany for its passengers between San
Francisco and Ogden and return, which
"trip brought il into Ogden every three
days. coming in on Il train in the morn
ing and going out west on train about
noon On the Jth of August the train
from the west was several hours late; 50
much SO that the train dispatcher, seeing
that ii would be impossible to get into
Ogden i'm time to be put on the west
bound train, ordered il dropped by the
passenger train at PromUHtuty station.
with instructions to the westbOund train
e. pick IL up there, and I'm the meantime,
iu order 10 hasten its departure. instruct
ed the conductor of the freight tram TO
turn - 80 s~.'spd-
Company Won IN Lower Court.
Action was brought by Johnson for his
damages i'm the state court of Utah and
cult court of the United States within
and for Utah The case was called for
trial before = jury Cn the 18th Of June.
1Ul. and after the Introduction o. &c
testimony Of the plaintiff, upon motion
of the defendant. the court instructed the
Jury to find a verdict Of no cause of ac-
ton TO which the plaintiff Johnson eX-
Scpted and sued out a writ of error TO
the crit COu-< of appeals Of the Eighth
circuit at ST. Louis Upon the 18th day
~ August 1902. that court handed down
lower court. An appeal was taken on a
writ of Certiorari to the supreme court
Of the United States where the decision
as given above. was rendered
Salt Lake Photo Supply Co. Every
thing Photographic, 3rd SO. and Main.