Joseph McKenna

“ It is also the law, having in mind still this first count, that if the employee goes between the cars to effect an uncoupling, he is not chargeable with contributory negligence, that is, a failure to exercise ordinary care for his own safety, by the mere fact of going in between the cars to effect the uncoupling, but he is required, before he can recover, to exercise ordinary care for his own safety after he goes between the cars, and while he is there, endeavoring to effect an uncoupling ”

“ The movement of trains requires prompt action, and we cannot hold that, as a matter of law, Brown, in leaning forward to remove a pin which would have yielded to his effort, was guilty of negligence because he did not anticipate that his foot might slip and be caught in an open frog rail of which he had or could be charged with knowledge. ”

“ The court, after stating that the first count of the declaration is based on the failure of the company to equip the car with such a coupling device as that it could be operated without the switchman going between the ends of the car, said:
'This first count charging the failure I have just referred to is based upon the act of Congress imposing certain requirements upon common carriers engaged in interstate commerce, and this statute provides that a carrier so engaged shall not move or permit to be moved on its rails a car that is used in interstate commerce unless so equipped. ”