Chicago Great Western R. Co. v. Schendel, 267 U.S. 287 (1925)

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF MINNESOTA

Syllabus

1. Where a freight car with defective automatic coupler was moved with the train from the main line to a siding to be cut out and left there, held that the use, movement, or hauling of the car, within the meaning of the Safety Appliance Act, had not ended when a brakeman went between it and he next car to detach the chain and was injured by the movement of the car by gravity as the engine was cut off; that he was within the protection of that statute, and, under the Employer’s Liability Act, his assumption of the risk, or contributory negligence in going between the cars with knowledge of the danger and without notice to the engineer did not bar his right of action. P. 291.

59 Minn. 166 affirmed.

Certiorari to a judgment of the Supreme Court of Minnesota which affirmed a judgment for damages recovered against the railroad company for personal injuries of a brakeman resulting in death.