Shields v. Atlantic Coast Line Railroad
Shields v. Atlantic Coast Line Railroad
Opinion of the Court
delivered the opinion of the Court.
Petitioner, an independent contractor in the business of unloading gasoline, was instructed by the consignee to unload a tank car of gasoline which had been hauled by respondent Atlantic Coast Line and which was located at the time on a siding in respondent’s freight yards. In order to release the gasoline through a hose attached to the bottom of the car, it was necessary to go to the dome on top of the car, remove the dome cap, and open a valve inside the dome. While petitioner and his helper were engaged in opening the valve, the board on which they were standing broke and petitioner fell, sustaining injuries. There is no dispute that the board was defective. It was a wooden board over seven feet long attached to the side of the tank near the top just below the dome by means of two triangular steel braces extending from the side of the tank at either end of the board.
The question presented here is whether this device, which for convenience we shall call a dome running board, is a safety appliance within the meaning of § § 2 and 3 of the Safety Appliance Act of 1910. Act of April 14, 1910, c. 160, §§ 2 and 3, 36 Stat. 298, 45 U. S. C. §§ H and 12.
Petitioner brought suit in the District Court, alleging in one count of his amended complaint absolute liability for a violation of the Act and in a second count common-law negligence. The jury returned a general verdict in his
Section 2 of the Safety Appliance Act of 1910 provides in part:
. . all cars requiring secure ladders and secure running boards shall be equipped with such ladders and running boards . . . .”
Section 3 provides:
“That within six months from the passage of this Act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the appliances provided for by section two . . . and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this Act, unless changed by an order of said Interstate Commerce Commission . . . and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this Act .2
Under the authority of § 3, the Commission in 1911 promulgated regulations still in force providing in detail for
The obvious purpose of a dome running board is to provide a secure flooring for those who must perform operations in connection with the tank car dome. Clearly, the dome running board has major importance in loading and unloading operations. But a railroad man of over twenty-five years’ experience testified that it also may be used to stand on in order to pass hand signals or repair minor troubles occurring while the train is en route. The dome running board is an integrated part of the exterior equipment of a tank car;
The fact that the Commission in its 1911 regulations under § 3 has not specified uniform standards for dome running boards is not a binding administrative determination that they are not running boards for the purposes of § 2. The reason for the omission is apparently the Commission’s view that only appliances affording safety while the train is moving need be standardized. But
Even if the dome running board be properly characterized as a running board, respondent contends that, since § 2 refers to “cars requiring . . . secure running boards,” the Commission’s failure to standardize dome running-boards under § 3 constitutes an administrative determination that they are not required within the meaning of § 2. The purpose of § 3 was to provide uniformity in the location and characteristics of those appliances upon which railroad men, working “always in haste, and often in darkness and storm,” must “instinctively” rely in the hazards of their employment. Illinois Central R. Co. v. Williams, 242 U. S. 462, 466.
In the Williams case, supra, this Court held that the Commission’s statutory power to postpone the effective date of its standardization regulations under § 3 did not suspend the railroad’s duty under § 2 to make appliances secure. There was no question that the appliance in Williams was required, but the teaching of the case is that Commission action under § 3 does not exhaust the commands of § 2. See also Southern Pac. Co. v. Carson, 169 F. 2d 734, holding a railroad liable under § 2 for defects in an independent wooden club used to help turn a brake wheel where the wheel itself complied with the Commission’s regulations, which made no mention of the club. We conclude that failure of the Commission to standardize the dome running board need not mean that it was not a required running board under § 2. To hold otherwise would relieve railroads from the absolute duty under § 2 to make safety appliances secure whenever new appliances are adopted which have not yet been standardized by the Commission.
Both the respondent and the manufacturer of the tank car considered that the dome running board was required for the proper use of the car. The railroad industry
The Commission, in a brief filed here, contends that only appliances designed to insure safety while the train is in movement are within § 2, and, therefore, a dome running board cannot be a statutory running board. No case is cited to support this construction. Nothing in the language of § 2 itself or in its legislative history indicates that it should be read so narrowly. Whether or not an appliance is designed to afford protection while the train is moving may provide the Commission with an appropriate guide for deciding which appliances should be standardized under § 3. But there is no reason to import such a distinction into § 2 in order to deny the
There is no merit in respondent’s contention that, since petitioner is not one of its employees, no duty is owed him under § 2 of the Act. Having been upon the dome running board for the purpose of unloading the car, he was a member of one class for whose benefit that device is a safety appliance under the statute. As to him, the violation of the statute must therefore result in absolute liability. Coray v. Southern Pacific Co., 335 U. S. 520; Brady v. Terminal Railroad Assn., 303 U. S. 10; Fairport, P. & E. R. Co, v. Meredith, 292 U. S. 589; Louisville & N. R. Co. v. Layton, 243 U. S. 617. The judgment below must be reversed and the judgment of the District Court reinstated.
Reversed.
The action against Southern Railway Co., a co-defendant, as delivering carrier of the car was dismissed.
Section 3 as it appears in the United States Code omits, presumably as executed, the language containing the statutory command to the Commission to make its original standardization regulations. 45 U. S. C. § 12.
49 CFR §§ 131.8 (b), 131.9 (c). 49 CFR § 131.7 covers “Tank cars with side platforms” and contains no provision for “running boards.” The car in question here does not come within § 131.7.
See Car Builders’ Cyclopedia (18th ed. 1949-1951), 249-254, especially the diagrams, at 252-253, of a tank ear with a dome running board, there called a “dome platform,” similar to the present car.
See also H. R. Rep. No. 37, 61st Cong., 2d Sess.; S. Rep. No. 250, 61st Cong., 2d Sess. 3.
A. A. R. Safety Appliances for Tank Cars Built after May 1/ 1917, Car Builders’ Cyclopedia (19th ed. 1953), 938, 939-942.
A. A. R. Code of Rules for the Interchange of Traffic (1952 ed.), Rules 3 (s) (1), 3 (r) (7).
Dissenting Opinion
dissenting.
The ultimate question presented by this case is whether the defective dome platform
First, it can hardly be said that the dome platform is a running board as that term is used in § 2 of the Act. It appears that every device regulated by the Safety Appliance Act is principally designed for use by, and for the protection of, trainmen while railroad cars are in motion. Certainly there is no indication that this legislation was meant to regulate all devices and appliances employed on railroad cars; and there is nothing in the legislative history upon which to base a belief that equipment designed principally for loading and unloading cars, such as a dome platform, was to be covered by the statute. Moreover, while a dome platform might be loosely spoken of as a running board, it does not appear that it falls within the technical definition of that term as used in the trade. ' A running board is a “plane surface, made of boards or special metal structure, for trainmen to walk or run on.”
However, the principal ground upon which I dissent is aside from the question whether a dome platform is a “running board” under § 2. Assuming that it is, it does not follow that the respondent violated the Act. Pursuant to such an assumption, I will read § 2 of the statute as though the words “dome platforms” appear in the place of “running boards.” But even then not every
Section 2 does not itself indicate any means for determining which cars require running boards (dome platforms), and thus does not specify which dome platforms, if any, are safety appliances.
This leads me to examine the regulations promulgated by the Interstate Commerce Commission pursuant to § 3 of the Act. As previously noted, that section required the Commission to prescribe the uniform standards applicable to the safety appliances set forth in § 2. Nowhere in the regulations (49 CFR § 131.1 et seq.) does the Commission prescribe dome platform equipment for tank
The fact that the Association of American Railroads prescribes dome platforms for tank cars in its safety appliance standards
This Court has never before held that railroad car equipment not specifically required by statute or regulation can be treated as governed by the Safety Appliance Act. That issue has been ruled upon in accordance with this dissent in Central Vermont R. Co. v. Perry, 10 F. 2d 132. There the trial court had instructed the jury affirmatively on the application of the Safety Appliance
“As the Safety Appliance Act and its supplements do not require a footboard at the rear end of the tender of a shifting engine and the regulations of the Interstate Commerce Commission do not require one, ... we are of the opinion that the court erred in its instruction to the jury.” Id., at 137.
The position herein expressed is not contrary to Illinois Central R. Co. v. Williams, 242 U. S. 462. That case involved a defective handhold at the top of a ladder on a boxcar. Section 2 of the Act provides for secure ladders on all cars “requiring” them, and, on “all cars having ladders,” it provides for secure handholds at the top of the ladders. The Court commented that “A box car could not properly be used without a secure ladder and . . . all cars having ladders must be equipped with secure hand holds . . . .” Id., at 464. But I do not understand this to have been a holding by the Court that, apart from any Interstate Commerce Commission determination, boxcars require secure ladders. At most the comment was a dictum, since it was clearly not necessary to decide whether the car involved required a secure ladder. The car had a ladder, and all cars “having ladders shall also be equipped with secure hand holds or grab irons on their roofs . . . .” Moreover, as later appears in that case, the Commission had previously issued an order designating the number, dimensions, location, and manner of application of ladders on boxcars. While that order granted an extension of time of five years within which to comply with the standards therein prescribed, it nonetheless constituted a Commission determination that box
Finally, continuing to assume that a dome platform is a running board under § 2, and now upon the further assumption that the courts were meant to decide which cars require them, a dissent is still indicated. In these circumstances, consistent with the normal rule, great respect should be given to the interpretation of an act by the administrative agency designated to administer it.
For these reasons the judgment should be affirmed.
The device involved in this case is denominated a dome platform in the Car Builders’ Cyclopedia (18th ed. 1949-1951) 253.
Car Builders’ Cyclopedia (19th ed. 1953) 51. Substantially the same definition of the term appears in each of the other eighteen editions of this volume, the first of which was published in 1879 as “The Car-Builder’s Dictionary.” That edition was published so as to alleviate the “inconvenience, confusion, and delay . . . caused . . . by want of common names for the different parts of [railroad] cars.” Preface, The Car-Builders’ Dictionary (1879). See also note 1, supra.
Section 2 does, however, specify which cars require sill steps and handbrakes. “All cars must be equipped with secure sill steps and efficient hand brakes . . . .” (Italics supplied.) Assuming that “sill steps” and “hand brakes” include all devices falling within those terms when used generically, it would seem that all such devices are safety appliances and must meet the statutory standard of “secure” or “efficient.” Cf. Southern Pac. Co. v. Carson, 169 F. 2d 734.
The quoted phrase does not appear in 45 U. S. C. § 12, the Code section corresponding to § 3 of the Act. The phrase evidently was omitted from the Code as being fully executed at the time the Code was compiled.
The Act became law on April 14, 1910. Thus, the Commission had until October 13, 1910, within which to adopt its standardizing regulations. Such regulations were adopted on October 13, 1910, by Commission order. Subsequently, on March 13, 1911, the Commission adopted another order superseding the order of October 13, 1910. 49 CFR § 131.1 et seq. However, the effective date of the mandate
49 CFR §§ 131.8 (b) and 131.9 (c) are the only regulations relating to running boards on tank cars, and it is clear, as well as conceded, that those subsections do not require a running board of any sort at or near the dome of these cars.
A. A. R. Safety Appliances for Tank Cars Built after May 1, 1917, Car Builders’ Cyclopedia (19th ed. 1953) 939-942; A. A. R. Code of Rules for the Interchange of Traffic (1952 ed.), Rules 3 (s)(l),3(r)(7).
United States v. American Trucking Assns., 310 U. S. 534, 549.
Reference
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