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Brady v. Terminal Railroad Assn., 303 U.S. 10 (1938)

Brady v. Terminal Railroad Association

No. 163

Argued January 4, 5, 1938

Decided January 31, 1938

303 U.S. 10


The defendant carrier hauled a string of freight cars over its own line and left them on the receiving track of a connecting carrier, where they then stood temporarily whilst being inspected by an employee of the connecting carrier to determine whether they should be accepted by the latter for further transportation. Due to a defectively attached grab-iron, the employee fell from one of the cars and was injured. Both carriers were engaged in interstate commerce. Held that the defendant carrier was liable under the Federal Safety Appliance Act.

1. The defective car was "in use," within the meaning of the statute. P. 303 U. S. 13.

2. The responsibility of the defendant carrier, which had brought the car, was not ended, since the other carrier had not accepted it, nor assumed control. P. 303 U. S. 13.

3. The duty of the defendant carrier under the Act extended to the person injured, although he was not its employee. P. 303 U. S. 14.

Page 303 U. S. 11

4. A railroad employee is not denied the protection of the Act because his work is that of inspection for the purpose of discovering defects, including defects in the appliances prescribed. P. 303 U. S. 14.

The duty imposed is absolute, and the Act expressly excludes the defense of assumption of risk.

240 Mo. 841, 102 S.W.2d 903, reversed.

Certiorari, 302 U.S. 678, to review the reversal of a judgment recovered by the present petitioner in an action for personal injuries.

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