The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-05-17
I. S. SUPREME COURT ANNouMc-
Es A FAR-REAcHlNG
DECISION.
Common Carriers, Must Keep Auto
matte couplers in Repair, and Not
Merely Exert Reasonable Diligence
Says Court.

Washington, May 16.-Railrcads
coming within the terms of the safety
appliance acts of congress in 1898
and 1903 are under absolute duty to
keep in repair automatic couplers
and other appliances prescribed by
law, and not merely to exercise rea-
sona1le diligence in repairing. Such
was the decision of the supreme court
rendered today.
By an odd coincidence, a number
of vital questions concerning the
scope of the safety appliance acts
of congress came before the supreme
court of tee United States about the
same time and were heard together.
Brakeman Injured.
One of these arose. in the suit CT
F, M. Delk, a brakeman on the st.
Louis and San Francisco Railroad
company for injuries suffered while
attempting to manipulate defective
coupler of car { n switch in Mem
phis, Tenn TIE United States circuit
finally decided against .Delk on the
ground that while the railroad was
under an absolute duty to equip cars
with automatic couplers and other ap-
pliances required by the safety appli-
ance acts, yet it was only under the
common law duty to exercise reason
able diligence when it came to repair
ing the appliances. Delk had contend
ed that the acts changed the common
law duty so as to make the railroads
absolutely liable for not repairing ap-
pliances required by the statutes, as
well as for not equipping cars with
the appliances.
The direct reverse of this holding
was announced by the United States
circuit court of appeals for the Eighth
circuit, when the United States sought
to recover from the Chicago, Burling-
ton and Quincy Railroad company
S1O0 for each of four alleged viola
items of the acts. There it was held
that the railway company was under
an absolute obligation to keep the
safety appliances with which their
cars must be equipped in repair. The
railroad claimed that the court held
them liable Notwithstanding the COM
pany did not know it's cars were out
OF repair, and had no intention to
violate the law.
Used Old Style coupIers.
Another question was passed upon
by the United States district court
OF Colorado, when it held that the
Colorado and Northwestern Railroad
company, a narrow-guage railroad en-
tirely within Boulder county, Col. and
said to be using locomotives and cars
equipped with the old link and pin
couplers. was liable to the government
for violation of the law. In so doing
the court held that it was not neces-
sary to order to bring a. connecting
carrier within the safety appliance
acts for it to have an ARRANGEMENT
for continuous transportation or
shipment with the preceding carrier.
The courts had always held that such
had heen necessary to bring a carrier
within the interstate commerce act
of 1887.
4ae United States district court for
northern Alabama went even a step
further. It leld that the United States
was entitled to a penalty from the
Southern Railway company for an al
legged violation of the safety appliance
law in a case where shipment orig
mating and ending within the state
OF Alabama, was carried in car not
properly equipped The court held
that this was a violation of the law
because the car was used sometimes
for interstate commerce, and there
fore was an instrument of interstate
commerce.