ZIMMERMAN v. MONTOUR RAILROAD COMPANY

No. 13595.

296 F.2d 97 (1961)

Louis E. ZIMMERMAN v. MONTOUR RAILROAD COMPANY, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided November 9, 1961.

Rehearing Denied December 4, 1961.


Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa. (John Evans Rose, Jr., Rose, Houston, Cooper & Schmidt, on the brief), for appellant.

Dennis C. Harrington, Pittsburgh, Pa. (McArdle, Harrington & McLaughlin, Pittsburgh, Pa., Gene K. Lynch, on the brief), for appellee.

Before GOODRICH, STALEY and SMITH, Circuit Judges.


STALEY, Circuit Judge.

In an action tried to the court, defendant railroad company was found liable to one of its employees whose right hand was severed while he was attempting to manually couple two railroad cars which were the fifth and sixth cars in a string of fifteen. Liability was based on Section 2 of the Safety Appliance Act, 45 U.S.C.A. § 2, which makes it unlawful for a railroad engaged in interstate commerce to use cars not equipped with couplers that...

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