Shields v. Atlantic Coast Line Railroad

350 U.S. 318, 76 S. Ct. 386, 100 L. Ed. 2d 364, 100 L. Ed. 364, 1956 U.S. LEXIS 1666
CourtSupreme Court of the United States
DecidedFebruary 27, 1956
Docket150
StatusPublished
Cited by37 cases

This text of 350 U.S. 318 (Shields v. Atlantic Coast Line Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shields v. Atlantic Coast Line Railroad, 350 U.S. 318, 76 S. Ct. 386, 100 L. Ed. 2d 364, 100 L. Ed. 364, 1956 U.S. LEXIS 1666 (1956).

Opinions

Mr. Justice Minton

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 [320]*320favor. The Court of Appeals reversed and remanded for a new trial on the negligence count alone, holding that the trial court erred in instructing that the dome running board was a safety appliance. 220 F. 2d 242.1 We granted certiorari because of the importance of the questions raised as to the proper interpretation of the Safety Appliance Act. 350 U. S. 819.

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 [321]*321one running board running around the perimeter, or at least the full length of the sides, of tank cars.3 Such a board enables a trainman to walk the length of a tank car between cars adjoining it on either end. The regulations make no mention whatever by any name of dome running boards. Petitioner nevertheless contends that the dome running board is a required running board affording him protection under § 2.

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; 4 it functions as a permanently attached outside “floor” near the dome of the car. The testimony showed that railroad men, including respondent’s employees, often refer to the dome running board as a running board. We hold that it comes within the meaning of the term “running boards” as used in § 2.

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 [322]*322there is no showing that the regulations purport to exhaust by implication each category of statutory appliances listed in § 2. Omission of dome running boards of itself shows no more than that the Commission has not standardized all possible running boards within § 2. Davis v. Manry, 266 U. S. 401, is consistent with our view. There the Court itself interpreted the language in § 2 requiring grab irons “on their roofs” of “cars having ladders” to apply only to cars having roofs. It then pointed to the Commission’s failure to standardize a grab iron over a standardized ladder on a tender without a roof only as a supporting “practical construction” of the section. Moreover, the Commission in that case, having standardized the ladder, had no alternative but to interpret the statutory word “roofs” by either standardizing a grab iron or not standardizing it. Here no such practical construction is implied by the failure to standardize.

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, 466.5 Effectuation of such a purpose would require standardization of running boards which extend the length of train cars. But considerations of administrative expertise relevant to § 3 are not equally applicable to the effectuation of the purpose of § 2. The [323]*323purpose of the latter section was “to convert the general legal duty of exercising ordinary care to provide” safety appliances on cars “requiring [them] for their proper use” into a “statutory, an absolute and imperative duty, of making them ‘secure.’ ” Illinois Central R. Co. v. Williams, supra. The purpose of § 3 is to standardize the appliances required by § 2. But it does not follow that appliances necessary and furnished for the safe use of the car, although not standardized under § 3, are not within the sweep of § 2. Clearly, those who work on train cars may necessarily have to rely on the security of a dome running board, although the purposes of that appliance may not require any unhesitating reliance on its uniform characteristics.

In the Williams case, supra,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MILESCO v. Norfolk Southern Corp.
807 F. Supp. 2d 214 (M.D. Pennsylvania, 2011)
Woods v. Union Pacific Railroad
75 Cal. Rptr. 3d 748 (California Court of Appeal, 2008)
Feldman v. CSX Transportation, Inc.
31 A.D.3d 698 (Appellate Division of the Supreme Court of New York, 2006)
Magna Trust Co. v. Illinois Central R.R. Co.
Appellate Court of Illinois, 2000
Magna Trust Co. v. Illinois Central Railroad
728 N.E.2d 797 (Appellate Court of Illinois, 2000)
Carrillo v. ACF Industries, Inc.
980 P.2d 386 (California Supreme Court, 1999)
Steffey v. Soo Line Railroad
498 N.W.2d 304 (Court of Appeals of Minnesota, 1993)
Robert D. Jordan v. Southern Railway Company
970 F.2d 1350 (Fourth Circuit, 1992)
Rouse v. CSX Transportation, Inc.
722 F. Supp. 751 (S.D. Georgia, 1989)
Grothusen v. National Railroad Passenger Corp.
603 F. Supp. 486 (E.D. Pennsylvania, 1984)
Scherff v. Missouri-Kansas-Texas Railroad
449 F.2d 23 (Fifth Circuit, 1971)
Earl Eilers v. Hercules, Inc.
403 U.S. 937 (Supreme Court, 1971)
Hercules, Inc. v. Eilers
458 S.W.2d 221 (Court of Appeals of Texas, 1970)
Southland Paper Mills, Inc. v. Rhoads
434 S.W.2d 730 (Court of Appeals of Texas, 1968)
Crane v. Cedar Rapids and Iowa City Railway Co.
160 N.W.2d 838 (Supreme Court of Iowa, 1968)
Boyer v. AT & SF RY. CO.
230 N.E.2d 173 (Illinois Supreme Court, 1967)
Boyer v. Atchison, Topeka & Santa Fe Railway Co.
230 N.E.2d 173 (Illinois Supreme Court, 1967)
King v. New York, Chicago & St. Louis Rd. Co.
216 N.E.2d 900 (Ohio Court of Appeals, 1966)
Barney v. Staten Island Rapid Transit Railway Co.
316 F.2d 38 (Third Circuit, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
350 U.S. 318, 76 S. Ct. 386, 100 L. Ed. 2d 364, 100 L. Ed. 364, 1956 U.S. LEXIS 1666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-atlantic-coast-line-railroad-scotus-1956.