Great Northern Railway Co. v. Otos,
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239 U.S. 349 (1915)
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U.S. Supreme Court
Great Northern Railway Co. v. Otos, 239 U.S. 349 (1915)
Great Northern Railway Company v. Otos
Argued November 30, 1915
Decided December 13, 1915
239 U.S. 349
A car, coming from another state, which is merely delayed in the destination before reaching, and which does finally reach, its destination is not, by reason of such delay, withdrawn from interstate commerce and the operation of the Safety Appliance Act.
While the supplementary Safety Appliance Act of 1910 relieves the
carrier from statutory penalties while hauling the defective car to the nearest available point for repair, it does not relieve the carrier from liability for injury to an employ in connection with such hauling. Under the circumstances involved in this action under the Employers' Liability Act, the trial court did not err in charging that, if the injuries were directly due to defective condition under the Safety Appliance Act of couplers of a car which had come from without the state to the point where the accident occurred, and which was destined to another point within the state, the defendant carrier would be liable.
128 Minn. 283 affirmed.
The facts, which involve the construction and application of the Safety Appliance Act in cases for injuries under the Employers' Liability Act, are stated in the opinion.