Where a duty is imposed for the protection of person in
particular situations or relation, a breach of it which happen to
result in injury to one in an altogether different situation or
relation is not, as to him, actionable.
The evil against which the coupler provision of the Safety
Appliance Act are directed are those which attended the
old-fashioned link and pin coupling where it was necessary for men
to go between the ends of the cars to couple and uncouple them; it
was not enacted to provide a place of safety between colliding
cars.
An employee of a railroad company not endeavoring or intending
to couple or uncouple a car or to handle it in any way, but riding
on an engine that collided with it, is not in a position where the
absence of a coupler and drawbar prescribed by the Safety Appliance
Act operates as a breach of duty imposed by that Act for his
benefit.
106 Ark. 421 reversed.
The facts, which involve the construction and application of the
Safety Appliance Act in an action for injuries based upon the
Employers' Liability Act, are stated in the opinion.
Page 238 U. S. 248
MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.
This was an action for personal injuries ultimately resulting in
death, the right of recovery being based upon the Employers'
Liability Act. April 22, 1908, c. 149, 35 Stat. 65, c. 149; c. 143,
36 Stat. 291, in connection with the Safety Appliance Acts, c. 196,
27 Stat. 531; c. 87, 29 Stat. 85; c. 160, 32 Stat. 943, c. 976. The
injuries were received in a collision between a switch engine and a
loaded freight car having no coupler or drawbar at one end, these
having been pulled out while the car was in transit. The car was
about to be placed on an isolated track for repair, and was left
near the switch leading to that track while other cars were being
moved out of the way -- a task taking about five minutes. At that
time, a switch engine with which the deceased was working came
along the track on which the car was standing, and the collision
ensued. It was dark, and an electric headlight on another engine
operated to obscure the car until the switch engine was within 40
or 50 feet of it. The deceased and two companions were standing on
the footboard at the front of the switch engine, and when the car
was observed, his companions stepped to the ground on either side
of the track, while he remained on the footboard and was caught
between the engine and the body of the car at the end from which
the coupler and drawbar were missing. Had these appliances been in
place, they, in one view of the evidence, would have kept the
engine and the body of the car sufficiently apart to have prevented
the injury, but, in their absence, the engine came in immediate
contact with the sill of the car, with the result stated. The
deceased and his companions, with the switch engine, were on their
way to do some switching at a point some distance beyond the car,
and were not
Page 238 U. S. 249
intending, and did not attempt, to couple it to the engine or to
handle it in any way. Its movement was in the hands of others. The
car was loaded with freight moving from one state to another, the
railroad company was engaged in interstate commerce, and the
deceased was employed therein at the time. He died from his
injuries six days later, leaving a widow and three minor children.
The only negligence charged in the complaint was a failure to have
the car equipped, at the end struck by the engine, with an
automatic coupler and a drawbar of standard height as required by
the safety appliance acts, and there was no attempt to prove any
other negligence. The plaintiff had a verdict and judgment for
$10,000, and the supreme court of the state affirmed the judgment.
106 Ark. 421.
The principal question in the case is whether, at the time he
was injured, the deceased was within the class of persons for whose
benefit the safety appliance acts required that the car be equipped
with automatic couplers and drawbars of standard height; or,
putting it in another way, whether his injury was within the evil
against which the provisions for such appliances are directed. It
is not claimed, nor could it be, under the evidence, that the
collision was proximately attributable to a violation of those
provisions, but only that, had they been complied with, it would
not have resulted in injury to the deceased. It therefore is
necessary to consider with what purpose couplers and drawbars of
the kind indicated are required, for where a duty is imposed for
the protection of persons in particular situations or relations a
breach of it which happens to result in injury to one in an
altogether different situation or relation is not, as to him,
actionable.
The Eugene F. Moran, 212 U.
S. 466,
212 U. S. 476;
Gorris v. Scott, L.R. 9 Exch. 125;
Ward v. Hobbs,
L.R. 4 App.Cas. 13, 23;
Williams v. Chicago & Alton R.
Co., 135 Ill. 491, 498;
O'Donnell v. Providence &
Worcester R. Co., 6 R.I. 211;
Page 238 U. S. 250
Metallic Compression Casting Co. v. Fitchburg R. Co.,
109 Mass. 277, 280;
Favor v. Boston & Lowell R. Corp.,
114 Mass. 350;
East Tennessee R. Co. v. Feathers, 78 Tenn.
103; Pollock, Torts, 8th ed. 28, 198.
The Safety Appliance Acts make it unlawful to use or haul upon a
railroad which is a highway for interstate commerce any car that is
not equipped with automatic couplers whereby the car can be coupled
or uncoupled "without the necessity of men going between the ends
of the cars," or that is not equipped with drawbars of standard
height -- the height of the drawbar having, as explained in
Southern Ry. v. Crockett, 234 U.
S. 725,
234 U. S. 735,
an important bearing on the safety of the processes of coupling and
uncoupling and on the security of the coupling when made. It is
very plain that the evils against which these provisions are
directed are those which attended the old-fashioned link and pin
couplings, where it was necessary for men to go between the ends of
the cars to couple and uncouple them, and where the cars, when
coupled into a train, sometimes separated by reason of the
insecurity of the coupling. In
Johnson v. Southern Pacific
Co., 196 U. S. 1,
196 U. S. 19,
this Court said of the provision for automatic couplers that "the
risk in coupling and uncoupling was the evil sought to be
remedied," and in
Southern Ry. v. Crockett, 234 U.
S. 725,
234 U. S. 737,
it was said to be the plain purpose of the two provisions that
"where one vehicle is used in connection with another, that
portion of the equipment of each that has to do with the safety and
security of the attachment between them shall conform to
standard."
Nothing in either provision gives any warrant for saying that
they are intended to provide a place of safety between colliding
cars. On the contrary, they affirmatively show that a principal
purpose in their enactment was to obviate "the necessity for men
going between the ends of the cars."
We are of opinion that the deceased, who was not
Page 238 U. S. 251
endeavoring to couple or uncouple the car or to handle it in any
way, but was riding on the colliding engine, was not in a situation
where the absence of the prescribed coupler and drawbar operated as
a breach of a duty imposed for his benefit, and that the supreme
court of the state erred in concluding that the Safety Appliance
Acts required it to hold otherwise.
Judgment reversed.