Chicago Junction Ry. Co. v. King’s Empirical Analysis

Citation profile

10 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(2) In the second section of the statute it is xsrovided as follows: ‘ * * * It shall he'unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncouijled without the necessity of men going between the ends of the cars.’ The court instructs you that passing from one side of a train -to the other by going over the couplers between the ends of the cars is ‘going between the ends of the cars’ within the meaning of the statute. The court also instructs you that the word ‘necessity’ as used in the second section of the statute does not mean absolute necessity, and also does not imply a physical impossibility of uncoupling except by going between the ends of the cars. The possibility of uncoupling by crawling under a car, or climbing over a car, or by going ■around'the end of a train, does not prevent the existence of a ‘necessity’ within the meaning of the statute of men going between the ends of the cars in order to uncouple. If the uncoupling lever at either end of any car is so inoperative that it is necessary in order to uncouple to-go between the cars, or to go around the train, or to. climb over a car, or crawl under a war, or to climb over or crawl under the couplers, then such car is in such condition of disrepair that it is unlaioful to use it in the movement of interstate traffic.””

   1 later decision quote this exact passage
   e.g. Norfolk & W. Ry. Co. v. United States