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| Handbrake Injury https://www.rypn.org/forums/viewtopic.php?f=1&t=8067 |
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| Author: | James F. Boylan [ Fri Jan 09, 2004 10:50 am ] |
| Post subject: | Handbrake Injury |
[FELA - Federal Employees Liability Act. Railroaders and Longshoremen must use it to sue for workplace injuries, instead of collecting without suit under Workers' Compensation. SAA - Safety Appliance Act] Excerpted from: "On Track With Railway Claim Services, Inc." rcsi@railway-claim-services.com Volume 11 Issue 1 January, 2004 POINTS OF LEGAL INTEREST Employee Alleged Injured on Old Handbrake Lever - Philadelphia Federal Court Denies Defense Motion for Summary Judgment. On May 9, 2000, a dispatcher ordered the plaintiff to move an observation car from the shop track to the storage track. As plaintiff was attempting to release the handbrake on the observation car, the handbrake lever "kicked" back and struck plaintiff on the hip. Plaintiff was allegedly knocked from the car and sustained injury. Thereafter plaintiff filed suit, asserting claims under both FELA and the SAA. After the district court granted summary judgment to the defense on the SAA claim, the railroad sought summary judgment on the FELA claim on grounds of contributory negligence. The district court denied summary judgment on the FELA claim. It pointed to plaintiffs testimony that when he called the dispatcher and inquired as to how to operate the handbrake on the observation car [which dated from the early 1900's], he was told to "try and find someone around who knows how to do it; if not, just do it; figure it out." Such testimony, the court found, raised an issue of comparative fault which required jury resolution. Thomas v. Reading, Blue Mountain and Northern Railroad Co., U.S. District Court, Eastern District of Pennsylvania, Case No. A01-5834. TyburnRR@cs.com |
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| Author: | Superheater [ Fri Jan 09, 2004 1:40 pm ] |
| Post subject: | Thank God for "Ratchets" |
> Thank God for Ratchet Style Brakes, those old stem-winders are nothing but trouble. I don't know how they were when new- but now its unanticipated release and constant hang ups. superheater@rrmail.com |
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| Author: | Old hand brake fan [ Sat Jan 10, 2004 1:14 am ] |
| Post subject: | Old hand brake fan |
Kind of like them gosh darn steam locomotives. Noth'in but trouble. Don't know what they were like when they were new but now it's constant fix this and fix that. Darn things are a menace always "braking" down. > Thank God for Ratchet Style Brakes, those old stem-winders are nothing but trouble. I don't know how they were when new- but now its unanticipated release and constant hang ups. |
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| Author: | Superheater [ Sun Jan 11, 2004 8:45 pm ] |
| Post subject: | Re: Old hand brake fan |
> Kind of like them gosh darn steam > locomotives. Noth'in but trouble. Don't know > what they were like when they were new but > now it's constant fix this and fix that. > Darn things are a menace always > "braking" down. Sarcasm noted. superheater@rrmail.com |
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