James Clark McReynolds

“ With reason, it cannot be said that Congress intended that every gadget placed upon a locomotive by a carrier, for experimental purposes, should become part thereof within the rule of absolute liability. So to hold would hinder commendable efforts to better conditions and tend to defeat the evident purpose-avoidance of unnecessary peril to life or limb. Whatever in fa t is an integral or essential part of a completed locomotive, and all parts or attachments definitely prescribed by lawful order of the Interstate Commerce Commission, are within the statute. ”

“ The accepted doctrine is that the act imposes upon the carrier an absolute and continuing duty to maintain the locomotive, and all parts and appurtenances thereof, in proper condition, and safe to operate in active service without unnecessary peril to life or limb. ”

“ The Commission has promulgated no rule mentioning Little Watchmen; they are not subjected to inspection; without them locomotives 'may be employed in the active service * * * without unnecessary peril to life or limb.' While most carriers do not use them, their locomotives commonly are in 'proper condition.'
Respondent does not suggest that the Watchman, whether operative or not, detracted from safety or in any way contributed to the derailment. ”