Charles Evans Hughes

“ Layton, supra, the liability 'springs from its being made unlawful to use cars not equipped as required,-not from the position the employee may be in, or the work which he may be doing at the moment when he is injured,' provided the defective equipment is the proximate cause of the injury.
The fact that petitioner was looking for defects of the sort which caused his injury does not prevent recovery as the statute expressly excludes the defense of assumption of risk. ”

“ The first question is whether the car can be said to have been in use by the respondent at the time in question. The statute gives no ground for holding that it was the intent of Congress that in a situation such as is here presented neither the Wabash nor the Terminal Association should be subject to the statutory duty. The 'use, movement or hauling of the defective car,' within the meaning of the statute, had not ended when petitioner sustained his injuries. ”

“ The car had been brought into the yard at Granite City and placed on a receiving track temporarily pending the continuance of transportation. If not found to be defective, it would proceed to destination; if found defective, it would be subject to removal for repairs. It is not a case where a defective car has reached a place of repair. ”

“ While that suit was pending, petitioner brought the present suit against respondent.
The federal statute, Act of April 14, 1910, c. 160, § 2, 36 Stat. 298, 45 U.S.C. § 11, 45 U.S.C.A. § 11 provides that
'it shall be unlawful for any common carrier subject to the provisions of this Act (chapter) to haul, or permit to be hauled or used on its line any car subject to the provisions of this Act (chapter) not equipped with appliances herein provided for, to wit: All cars must be equipped with secure sill steps and efficient hand brakes ”