Charles Evans Hughes

“ Skaggs then went to the depot to ascertain the meaning of the signal, and was told by the conductor that it was necessary to pick up certain other cars. Returning to the engine, he attempted to uncouple it from the right-hand side, but found this difficult, and Buchta, who was then on the opposite side, effected the uncoupling and said, 'Go ahead.' On Skaggs's signal, the engine started forward; but Skaggs did not know whether the cars were left so as to give sufficient clearance for an engine going onto the passing track, and asked Buchta as to this. ”

“ It is contended that the state court erred in permitting a recovery under the Federal statute for the reason that the injury resulted from Skaggs's own act, or from an act in which he participated. The company, it is said, 'cannot be negligent to an employee whose failure of duty and neglect produced the dangerous condition.' It may be taken for granted that the statute does not contemplate a recovery by an employee for the consequences of action exclusively his own ”

“ Working together under the exigencies of such operations, particularly when conducted in the nighttime, it was manifestly contemplated that the one brakeman would supplement the other, and not be compelled, at the peril of his rights, personally to examine what the other did, or the basis of the reports the other gave. ”