235 F. 965 | N.D. Cal. | 1916
These cases involve alleged infractions by the defendant of the federal Safety Appliance Act of March 2, 1893 (27 Stat. L. 531 [Comp. St. §§ 8605-8612]), as amended Act April 1, 1896 (29 Stat. L. 85 [Comp. St. 1913, § 8610]), and Act March 2, 1903 (32 Stat. L. 943 [Comp. St. 1913, §§ 8613-8615]). While not tried together, they have been submitted on the same argument and briefs, and as the principal question in each is common to both, they may be disposed of in one opinion.
There is no controversy as to the defendant being a corporation engaged in interstate commerce and subject to the requirements of the act, nor as to the fact of the existence of the several defects in the equipment as alleged and counted upon in both actions, the only controversy arising over the questions: (1) Whether it was being employed for a purpose such as to bring it within the act; and (2) in a manner to render defendant responsible for such use.
The only thing in the nature of a defense advanced by defendant to shield itself from liability for use of these three cars in the defective condition shown is the claim that, as they were being used exclusively at the time for the transportation of logs, they were exempted from the operation of the Safety Appliance Act by the proviso to section 6 (as amended in 1896, 29 Stat. L. 85), which reads:
“Provided, that nothing in this act contained shall apply to trains composed of four-wheel cars or to trains composed of eight-wheel standard logging cars whore the height of such car from top of rail to center of coupling does not exceed 25 inches, or to locomotives used in hauling such trains when such ears or locomotives are exclusively used for the transportation of logs.”
But the statement of the claim, in view of the language of the proviso, discloses its utter futility. The. fact that the cars were at the time being used for the transportation of logs is not enough. The statute excludes only “standard logging cars where the height of such car from top of rail to center of coupling does not exceed 25 inches.” These cars, as noted, were not of that character, but were standard flat cars having, as the evidence shows, a height in the respect mentioned of 34 inches. The act makes the one condition as essential to the exemption as the other, and it is not for the court to give it a construction which would defeat the legislative intent so plainly and explicitly expressed. Assuming, therefore, that the character of use here being made of these cars was such as would bring them within the category of cars “exclusively used for the transportation of logs,” within the contemplation of the act (see Spokane, etc., R. R. Co. v. United States, 241 U. S. 344, 36 Sup. Ct. 668, 60 L. Ed. 1037, United States Supreme Court, June 5, 1916), a thing it is not necessary to decide, the lack, in the essential feature pointed out, must necessarily exclude them from the protection of the proviso.
The lumber company maintained its own yards and repair shops, and its equipment was not inspected by defendant’s operatives, but exclusively by its own servants. It ran regularly about two trains a day each way over the part of defendant’s line covered by the contract. The defendant’s contention is that under these facts it is not to be held responsible for the defects complained of, its theory being that the act in question is intended only for the protection of employés of common carriers, and that the provision of section 6, "that any such common carrier using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this act shall be liable,” etc., has reference solely to such acts when done, or permitted to be done, by the carrier on its own road and through its own employés, over whom it has control, and does not include acts done on its line by one over whose equipment and employés it has no such control. In this respect it is urged:
The theory of the act and the intention of Congress was that the railroads should be held liable for any failure to render the employment of their trainmen as safe as possible. In all the decisions which have been rendered under this act the railroads directly operating the trains of cars in which the equipment was found were held liable for the defect. It was their employés who were exposed to the risk.
And it is further said:
A corporation can act only through its officers, agents, and employés. It can prevent defective cars from being hauled only by reason of the diligence and care of its employés. When the care and control of the equipment is in the hands of another company, whose employés make up the train, inspect the cars, and have entire charge of their operation, the first company, which merely owns the tracks, has not the power to prevent the second carrier from using defective equipment. There is nowhere in the act any provision giving one carrier the right of control over the employés of another, and the purpose of the act is not to make one carrier responsible for the dangers to which another carrier’s employés might be exposed.
But this narrow view of the purpose of the act does not accord with the construction given it by the Supreme Court. Johnson v. Southern Pacific Co., 196 U. S. 1, 25 Sup. Ct. 158, 49 L. Ed. 363. The
It is further strenuously urged at considerable length that the verb “permit” as employed in the phrase “hauling or permitting to be hauled,” etc., in section 6, is to he construed in .accord with the popular and common use of the word as implying knowledge of the thing permitted, and that accordingly the act should be understood, as requiring knowledge by the carrier “that the cars hauled over its rails are in fact defective” ; in other words, that the statute should be read as if the qualifying word “knowingly” were inserted therein just before the word “permitted.” It is sufficient to say in response to this contention, without following the argument in all its ramifications or specially noticing the citations in its support, that it is definitely met and concluded by the authoritative construction heretofore given the statute. St. Louis, Iron Mountain Ry. Co. v. Taylor, 210 U. S. 281, 28 Sup. Ct. 616, 52 L. Ed. 1061; C., B. & Q. Ry. Co. v. United States, 220 U. S. 559, 31 Sup. Ct. 612, 55 L. Ed. 582. These cases hold that the duty of carriers to exclude the use on their lines of defective equipment is absolute, and not limited to the exercise of reasonable care for the purpose, and that the question of knowledge of such defects is wholly immaterial ;, that, as stated in the last case:
*970 Where a statute commands that an act be done or omitted which in the absence of such statute might have been done or omitted without culpability, ignorance of the fact or state of things contemplated by the statute, it seems, will not excuse its violation.
And statutes of similar purpose have received like construction. United States v. Oregon-Washington R. R. & Nav. Co. (D. C.) 213 Fed. 688, affirmed on appeal 223 Fed, 596, 139 C. C. A. 142. And see Commonwealth v. Curtis, 9 Allen (Mass.) 266.
The act is highly remedial, and should be construed with the degree of liberality which will tend to effectuate rather than defeat the intent of Congress and its beneficent purpose. Johnson v. Southern Pacific Co., supra.
In accordance with these views, judgment must go for the plaintiff in each case upon the counts involved therein, respectively, and for its costs.
Special findings, having been requested, may be prepared and presented in due course.