A Treatise on the Federal Employers' Liability and Safety Appliance Acts, and on the Federal Statutes on Hours of Labor, Including Interstate Commerce Commission's Rules and Diagrams for Equipment of Cars

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W. H. Anderson Company, 1916 - Employers' liability - 1012 pages
 

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Contents

Validity of statute classifying instrumentalities
18
Power of Congress to enact Statute of 1908
19
Constitutionality of Wisconsin and Nebraska statute
23
Invalidity of Act of 1906
24
The parts of Act of 1906 rendering it void
25
Congress can only legislate concerning interstate business
27
Interrelation of interstate and intrastate commerce as effecting con stitutionality of act
29
Effect of Act of 1908 on state legislation continued
31
Result of decisions
34
Effect of repeal of federal statute
36
Act of 1906 validity in District of Columbia and territories
40
SECTION PAGE 24 State courts must follow federal dcisionsAppeal
42
CHAPTER III
43
Branch railroad
47
Common carriers
49
Cutoff not yet devoted to interstate trafficWorking on bridge
50
Interstate train of empty cars broken up and afterwards individual cars sent to state points
52
Interurban and street railway common carriers
53
While engaging in interstate commerce between the states
54
Illustrations on interstate commerce transactions
57
Two companies operating over same railroad
59
Lessor and lessee
60
CHAPTER IV
61
What employee may bring his action upon the statute
62
Test of employees right to recover
69
Effect on the course and current of interstate commerce Instru mentalities of interstate commerce
70
Work must be so closely connected with interstate commerce as to be part of it
71
Incidental absence from scene of work
72
Original construction of interstate commerce instrumentalities
74
Impeding the progress of interstate commerce
75
Track repairer
76
Statute includes everybody Congress could include same person in different capacities track repairer telegraph operator
78
Car repairer in switching yard
80
Laying additional track on bridge injury by interstate train
82
While railroad was engaging in interstate commerce
83
When an employee enters on his work or is entitled to the protection of the statute
85
SECTION PAGE 55 When employee enters on interstate work
88
Injured servant employed in both interstate and intrastate com merce
91
Employees covered by statute
93
Other employments incidentally connected with interstate trans portation
94
Working on bridgeRepairing telegraph linesInstalling block system
98
Employees repairing interstate instrumentalities are covered by statute
100
Going to and from work
101
Pullman car employeesExpress agentRailroad surgeons mal practice
104
Cases holding employee not engaged in interstate commerce when injured
105
Switching crew moving interstate commerceIntention to
108
Relation between the employment and the accident
109
Who must inflict injury to render railway company liable
111
Nebraska statute
116
Validity of statute allowing recovery for occasioned by an interstate employee
117
Interstate engineer of interstate railroad hauling intrastate train Going to work
125
CHAPTER V
128
Contributory negligenceStatute
129
Contributory negligence as a defense
130
Contributory negligence defined
131
Definitions of degrees of negligence
132
Comparative negligence
133
Georgia statutes
134
Differs from federal statute
135
Georgia statutes construed
136
Contributory negligence of plaintiff before defendants negligence began
138
Burden on plaintiff to show freedom from his own fault
140
Charge to jury under Georgia Code
141
Recovery by a railway employee
142
Apportionment of damages
143
Epitome of Georgia cases
144
Comparative negligence in Illinois
148
Negligence a relative term
150
Illinois rule extended
151
Want of ordinary care defeats a recovery
153
Failure to exercise ordinary care more than slight negligence
155
Mere preponderence of defendants negligence not sufficient Defendants clearly exceeding plaintiffs negligence
156
Gross and slight negligence distinguished
157
Plaintiffs negligence compared with defendants
159
Plaintiffs negligence compared with defendants
162
Willful injury by defendantSlight negligence of plaintiff
164
Jury must compare the negligence of the defendant with that of the plaintiff
165
IllustrationEngine striking hand carUnlawful speed
166
Admiralty suitsApportionment of damages
167
Origin of admiralty rule
169
Rule in admiralty commended
171
Difficulty of apportioning damages
172
Assumption of risk
173
Negligence of plaintiff necessary to concur with defendants to pro duce the injury
175
Statute does not adopt a theory of slight ordinary and gross negli gence
177
Court telling jury particular acts constitute contributory negligence
179
Rules of contributory negligence must be considered
180
When contributory negligence does not diminish damages
182
Practice under Wisconsin statute
197
ASSUMPTION OF RISK SECTION PAGE 122 Federal statuteAssumption of risk
198
Distinction between assumption of risk and contributory negligence Unknown risk
199
To what statute reference is made
200
Assumption of risk only abolished in part
202
The Horton case as an example of assumption of riskInstructions
205
Violation of federal statute enacted for safety of employees
207
Negligence of carrier as a fellow servant
208
Defective cars engines tracks and appliances
210
Question of risk assumed
211
CHAPTER VII
213
Beneficiary or widow cannot maintain action
214
Judgment under state statute or at common law as a bar to action under federal statute
215
Action by foreign personal administrator
217
Constitutionality of statute allowing recovery for beneficiary
218
Failure of deceased to bring action
219
CHAPTER VIII
221
No beneficiary in existence or designated by the statute
222
Separation of deceased employee and his wifeSteps towards secur ing a divorce
223
SECTION PAGE 150 Next of kin determined by state statute
225
Who are dependent on deceased
226
Bastard
227
Emancipated child
228
Existence of a beneficiary a jurisdictional fact
229
Statute of limitations
230
Who brings action in case of death
233
Costs
234
Declarations of deceased
235
CHAPTER IX
236
Employee recovers actual but not punitive damages
237
Pecuniary damages only given to beneficiary
239
Pecuniary loss defined
240
Rule for measurement of damage differs according to relation of beneficiary
242
Damages by way of solatium
243
Minor childs damages
244
Measure of damages
245
Use of annuity tables
250
Amount of damagesIllustrations
251
Contributory negligence reducing the amount of recovery
253
178a Instructions on contributory negligence reducing damages other wise recoverable
256
Apportionment of damages among the beneficiaries
258
Distribution of proceeds of judgment
259
Damages recoverable when there is a survival of deceaseds right of action
262
SECTION PAGE 183 Statute
265
Constitutionality of section five
267
Receipt of relief money
272
Contract for future release not binding on beneficiaries
273
CHAPTER XI
275
Jurisdiction of state courts
276
Congress conferring jurisdiction on a state court
280
Removal of case to federal court
287
Joinder of action under federal statute and a common law action
288
Where actions must be brought
289
Amendment of complaint to fit evidenceStatute of limitations
306
Substituting the personal representative of deceased for beneficiary Statute of limitations
309
By what law sufficiency of complaint tested
310
Pleading a defenseContributory negligence
311
Answer of statute of limitations
312
Variance
313
SECTION PAGE 213 Notice of injury received
314
EvidenceBurden
315
Competency of witness
317
Question for juryDamages
319
CHAPTER XIII
320
How question raised to secure right of appeal
322
What questions can and cannot be raised on appeal
324
Amount in controversy
325
PART II
327
CHAPTER XIV
329
Resolution of American Railway Association
332
Constitutionality of statute
334
Federal control of interstate commerce
337
Interpretation of statute
339
State legislation concerning safety appliances
340
Common carrier and railroad defined
344
CHAPTER XV
346
What is interstate commerce
347
Illustrations of interstate commerce
349
Interterritorial commerceAct of 1903
351
SECTION PAGE 238 Haul used and train defined
353
Inhibition of statuteCar employed in interstate traffic
354
Car in use what is
356
Hauling or using car not loaded with interstate traffic in interstate train
357
Interstate car on interstate railroad
358
Transportation of articles of interstate commerce for an independent express company
362
Distance defective car hauled
364
Switching car
365
Belt railroadTerminal road
367
Car on spur track
368
Used in moving interstate trafficSending car to repair shop Making up train
369
Hauling car not essential to commission of offense Use of car
370
Car not used in interstate commerce
371
Use of car in interstate commerce
373
Temporary suspension of transportation
374
Defendant hauling car over another companys line of railway
375
Freight designed for another stateNot yet left the first state
376
Intrastate railroad engaged in carrying interstate commerce articles
378
United States against Geddes denied
380
Effect of the case of Southern Railway Co against United States on Geddes and Colorado cases
390
BurdenReasonable doubt
392
CHAPTER XVI
395
Electric cars
398
Empty car used in interstate commerce
399
Proviso to Section 6Fourwheeled and logging cars
400
Without the necessity of men going between the ends of cars
405
Both ends of every car must be equipped with automatic couplers
407
Uncoupling
408
Construction of Section 5
409
SECTION PAGE 274 Insufficient operation of coupler
410
Preparation of coupler for coupling
411
Question for jury
412
State statute on same subject applicable to intrastate commerce
414
Handholds on roof of carSill stepsHandbrakesLaddersRun ning boards
415
Air hose coupling chain and appliances obviating necessity for hand holds
416
CHAPTER XVII
418
Use of diligence to discover defectsWant of knowledge of defect
420
Duty to maintain car in repair is an absolute one
422
PresumptionDiligence to discover defects and make repairs in transit
426
Distinction between an action to recover a penalty and to recover damages
435
Hauling car to nearest repairing point
441
Destination of car nearer than repair shop
444
Removal from a repair point without statutory repairs being made
445
Repairing cars in transit
446
Repairs during journey
449
Failure to provide or repair defective handhold
451
Burden to show right to remove car
453
Use of shimsCommonlaw duty of master not applicable Fellow servants neglectConstruction of statute Handgrips
455
Repairing couplersOther act of negligence aiding negligence with reference to couplers
457
Failure to equip train with brakes
458
303a Air brakes on transfer trains from one yard to anotherTrain defined
462
303b Trains too long to operate with air brakes
466
SECTION PAGE 304 Use of car without automatic coupler is negligence per se
467
Who may bring action to recover damageWhat employees are engaged in interstate commerce
468
Proximate cause of injury
469
Assumption of risk
471
Contributory negligence of plaintiff
477
Contributory negligence does not defeat the action
485
Two acts of negligence combining to produce injury
486
State courts may enforce liability for negligence incurred under statute
487
Removal of case to federal court
488
Judicial notice
489
Validity of section concerning release from liability
491
CHAPTER XIX
492
Joint action
494
Sufficiency of proofBurden
495
Expert testimony
498
Directing the verdict
499
Amount of penalty
500
Penalty for failure to equip with grabirons
501
Writ of error
503
Twice in jeopardy
504
CHAPTER XX
505
Constitutionality of statute
506
Validity of statute
510
RemedialPurpose of act
512
Liability absolutePermitVoluntary action on part of employee
513
Analogous to other remedial statutes
514
Employees subject to act
515
On duty and off duty as defined by the act
516
Casualty or unavoidable accidentAct of God
517
Period of consecutive hours
519
Hours of employment Inspection of engine by engineer
521
Deducting time lost by failure of locomotive toget up steamBad coal
522
Time lost by side trackingDeducting
523
Delay in starting caused by another train
524
Fireman or other employee engaged in watching engine
525
ConsecutiveContinuousUnbroken intervals of time
527
Proviso to Section 2TowersPlacesStations
530
Orders
531
Period as used in statute
533
Provisos of Section 3CasualtyUnavoidable accident
534
Terminal as used in act defined
535
Suspension of operation of statute for a given trip
536
Occurrence of conditions ordinarily expected
537
Sudden illness of operator
538
Economical reasons
539
Liability to passenger for delay
540
Question for jury
541
PAGE
545
Granting to certain employees of the United States the right to receive from
552
House Report on Amendments of 1910
570
Senate Report on Amendments of 1910
576
APPENDIX C
599
Ladders Handbrakes Handholds
606
Order of Interstate Commerce Commission Designating the Number
612
Order of Interstate Commerce Commission Extending the Period Within
660
Boiler Inspection Law
683
Boiler InspectionAmendatory Act
689
PAGE
692
Administrative Rulings of the Interstate Commerce Commission
698
APPENDIX
918
APPENDIX I
963
Copyright

Common terms and phrases

Popular passages

Page 687 - ... from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States...
Page 759 - An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes, and their locomotives with driving-wheel brakes, and for other purposes...
Page 385 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Page 578 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee ; and, if none, then of such employee's parents ; and, if none, then of the next of kin dependent upon such employee...
Page 867 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 550 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 133 - That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 965 - An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto,' approved February 17, 1911, as amended March 4, 1915, an action has accrued to the plaintiff,
Page 934 - That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements...
Page 551 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...

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