Edward Terry Sanford

“ And although Goneau, in testifying, stated that when he found the coupler in such a condition that he could not couple up the train unless he fixed it, it became his duty to 'repair it and get the train going,' his use of the word 'repair,' upon which the Railway Company lays great stress, does not change the situation in the eyes of the law or transform the coupling operation into repair work. ”

“ In short, he was engaged in the work of coupling the cars, that is, as was said by the Supreme Court of Minnesota, 'in a coupling operation.' Where, on the failure of cars to couple by impact, a switchman goes between them for the purpose of adjusting the knuckle of a coupler so that it will make a coupling, and is injured by the fall of the knuckle, due to a broken lip, he is not engaged in repair work, but in coupling, and is within the protection of the Safety Appliance Act. ”

“ Under the circumstances indicated it is clear that the use of the defective car had not ended at the time of the accident, although it was then motionless. A defective car is still in use when it has been moved with the train from the main line to a siding, to be cut out and left so that the other cars may proceed on their journey. ”