Louisville & Jeffersonville Bridge Co. v. United States, 249 U.S. 534 (1919)

Louisville & Jeffersonville Bridge Company v. United States


No. 312


Argued March 28, 1919
Decided April 21, 1919
249 U.S. 534

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

The transferring of twenty-six cars as a unit for delivery from the terminal of one company to that of another, without uncoupling or switching out any car, by a movement through a distance of over three-quarters of a mile, 200 feet of it, with two startings and stoppings, on main tracks at speed reaching fifteen miles per hour, and involving crossings at grade of several city streets held not a mere switching operation, but a train movement subject to the train brake provisions of the Safety Appliance Act, as amended. P. 538.

The application of the act cannot be made to depend on the taking of other than the prescribed precautions, such as providing gates and watchmen, or upon balancing the dangers involved in following its requirements against those involved in its neglect. P. 539.

The case is stated in the opinion.