Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Great Northern Railway Company v…

The next section recites that under § 4 the movement of a car with defective equipment may be made within the limits there specified without incurring the penalties, 'but shall in all other respects be unlawful.' Whether or not the absolute liability created by the earlier act extended to the present case, and we are far from implying that it did not, the act of 1910 imports, with unmistakable iteration, that the liability exists.
Source: Wikisource

Oliver Wendell Holmes, Jr. Great Northern Railway Company v…

The car was loaded and in fact was carried to Minneapolis the next day. It had not been withdrawn from interstate commerce, but merely subjected to a delay in carrying it to its destination. At the moment of the accident it was accessory to switching the Duluth car. It does not seem to us to need extended argument to show that the car still was subject to the act of Congress. Delk v. St. Louis & S. F. R. Co. 220 U. § 580, 55 L. ed. 590, 31 Sup. Ct. Rep. 617. As the safety appliance act governed the case, it imposed an absolute liability upon the carrier. St.
Source: Wikisource

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