134 Minn. 369 | Minn. | 1916
The only question on this appeal is: Does the evidence sustain the finding of the jury that the car, which plaintiff attempted to uncouple when injured, was equipped with a defective coupler in violation of the Federal Safety Appliance Act?
Plaintiff was in the service of defendant as a switchman in its yards at Des Moines, Iowa, and had been engaged in that work for many years previous to June 3, 1915. In the early forenoon of that day he, with a crew, was moving four cars in the yard. It is admitted that defendant was then engaged in transporting interstate commerce and plaintiff was assisting therein. The locomotive was behind, pushing the ears and plaintiff’s duty was to cut off the two cars in front when a suitable momentum was reached, so as to let them run in on a side track, the switch of which was being held open by another switchman. In this operation it was necessary to uncouple while the train was in motion. It was moving at the rate of from four to six miles an hour when plaintiff started to work the coupling lever. He was on the right hand side of the train as it was moving and the lever was upon the front end of the rear car of the two between which the cut was to be made. The lever falls short several inches of extending to the side of the car, so it is necessary to reach in between the cars in working it. The lever on this particular car was operated by pushing or bearing down on it. Plaintiff claims that, as he was walking or running along the train, he took hold of the lever with his left hand and made several futile attempts to work it, but that he Avas unable to thereby lift the coupling pin, and he then went in between to lift it by hand. In so doing he stumbled and fell, resulting in the loss of an arm.
Defendant produced three witnesses, who examined this coupler within 30 minutes after the accident, and they all declare that no defect could be detected in any of its parts, and that it operated properly when the lever was pressed. It is contended that this evidence, when considered
The contention is also made by defendant that when plaintiff found that the lever could not be moved by hand, instead of disobeying the rules of the company in going between the ears to lift the pin by hand, he should have mounted the sill stirrup of the car and from there worked the lever with his foot. There is no suggestion in the evidence that these levers are ever operated by foot power, or that they were designed to be operated in that manner.
We conclude that the evidence made it a jury question whether the car plaintiff attempted to uncouple was equipped with a defective coupler in violation of the Federal Safety Appliance Act.
Judgment affirmed.