delivered the opinion of the Court.-
The Supreme Court of Minnesota affirmed a judgment in favor of respondent for damages resulting from the death of his intestate, Ring, fatally injured while in petitioner’s service and while both were engaging in interstate commerce. The original actiоn was based upon the Federal Employers’ Liability Act, c. 149, 35 Stat. 65, 66, and the Safety Appliance Ajct of 1893, c. 196, 27 Stat. 531, as amended in 19.10, c. 16Q, 36 Stat. 298, 299.
While the freight train upon which Ring served as brakeman was upon the main line at Budd, Iowa, a draw-bar pulled out оf a car. Thereupon the crew chained this car to the one immediately ahead. The engine pulled the whole train onto the adjacent siding, which lies on a gentle grade, and stopped. The intention was to detach the damaged car and leave it -there. The plan was to cut off the engine, bring it around back of the train, remove the rear portion, couple this to the forward portion and move on. Acting under the conductor’s direction, Ring asked the head brakeman to tell the engineer to proceed; and then, without the knowledge of either of the others, he and the conductor went between the crippled car and the next one, in order to disengage the connеcting chain. While they were working there the engineer cut off the engine, the car ran slowly down the grade, and Ring, caught-by thе chain, suffered fatal ¡injuries.
A rule of the company provided that employees should advise the engineer whien thеy were going between or under cars and must knj>w that he understood their purpose before they put themselves in any dangerous position. Ring gave no such warning, although familiar with the rule and with the grade upon which the- train stood.
*290 Petitioner insists: (1) The faсts do not bring the case within the Safety Appliance Act since the car had come to rest on the side-track and had ceased to be “ used,” within the meaning of the statute. (2) The defective draw-bar did not'proximately contribute to the injury. (3) The violation of the rule by Ring, constituted negligence subsequent to and independent of the question of a defective safety appliance and was a proximate 'cause of the injury.
It is provided by the original Safety Appliance Act—
“Sec.*2. That on and after the first day of January, eighteen hundred and ninety-eight, it.shall be unlawful for any such common carrier to haul or permit tp be hauled or used on its linе any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and whiсh can be uncoupled without the necessity of men going between the ends of the cars.”
The amendment of 1910 directs:—
“ See. 4. That any common сarrier subject tp this Act using, hauling, or permitting to be used or hauled on . its line, any car subject to the requirements of this Act, not equipped as provided , in this Act, shall be liable to a penalty of one hundred dollars for each and every such viola-., tion . . . Provided, That where any car shall have, been properly equipped, as provided in this Act and the other Acts mentioned herein, and 'such equipment shall have become defective or insecure while such car was being used by such-carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by Section four of this Act, or Section six of the Act of March second, eighteen hundred and ninety-three, as amended- by the Act of April first, eighteen hun'dred and ninety-six, if such movement is necessary- tо make such repairs and *291 such repairs cannot be made except at such repair point; and such movеment or hauling of such car shall be at the "sole risk of the carrier, and nothing in this Section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of .any railroad employee caused tо such employee by reason of or in connection with the movement or, hauling of such car with equipment which is defеctive or insecure or which is not maintained in accordance with the requirements of this Act and ,the other Acts herein referred to. . . -
The Employers’ Liability Act provides that in an action under it for injury or death of an employee, “ such employee shall not be held to have assumed the risks of his e*nplóyment [or to have been guilty of contributory negligencе] in any case where the violation by such common carrier of any statute enacted for the safety of emрloyees contributed to the injury or. death of such-employee.”
Former opinions have adequately explained-the purpose of these enactments.
St. Louis, Iron Mountain & Southern Ry. Co.
v.
Taylor,
Under the circumstances disclosed, we think it clear that the usе, movement or hauling of the defective car, within, the meaning of the statute, had not ended at the time of the accident. To cut this car out of the train so *292 that the latter might proceed to destination was the thing in view, an essential part of the undertaking in connection with which the injuries arose.
The things shown to have been done by the deceased cеrtainly amount to no more than contributory negligence or assumption of the risk, and both of these are removed frоm consideration by the Liability Act. When injured he was “ within the class of persons for whose benefit the Safety Appliancе Acts required that the car be equipped with automatic couplers and draw-bars of standard height. . . . His injury was within- the evil against which the provisions for such appliances are directed.” St. Louis & San Francisco R. R. Co. v. Conarty, supra. He went into the dangerous place. because the equipment of the car which it was necessary to detach did not meet the statutory requirements especially intended to protect men in his position.
We find no material error in the judgment below, and it is
Affirmed.