CRANE v. CEDAR RAPIDS & I. C. R. CO.

No. 791.

395 U.S. 164 (1969)

CRANE v. CEDAR RAPIDS & IOWA CITY RAILWAY CO.

Supreme Court of United States.

Decided May 26, 1969.


Attorney(s) appearing for the Case

E. Barrett Prettyman, Jr., argued the cause for petitioner. With him on the briefs were John B. Halloran and James L. Alfveby.

William M. Dallas argued the cause for respondent. With him on the brief was John F. Gaston.

Edward J. Hickey, Jr., and James L. Highsaw, Jr., filed a brief for the Railway Labor Executives' Assn. as amicus curiae urging reversal.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question in this case is whether a State may make the defense of contributory negligence available to a railroad sued by a nonemployee for damages for personal injuries caused by the railroad's failure to maintain its freight cars "with couplers coupling automatically by impact," as required by § 2 of the Federal Safety Appliance Act of 1893, 27 Stat. 531, 45...

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