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Appellant (plaintiff) filed this action in the District Court to recover from the appellees (defendants), Atlantic Coast Line Railroad Company (Atlantic) and Washington Terminal Company (Terminal), for injuries sustained while inspecting brakes of the individual cars making up the train known as the "East Coast Champion." The action was filed under the Safety Appliance Acts and the Federal Employers' Liability Act.1 After certain intermediate proceedings, on separate motions of the appellees, the District Court granted summary judgments against the appellant and this appeal followed.
2
The train, of which the railroad car involved in the injury was a part, originated in Miami, Florida. It left that city under locomotive power owned by the Florida East Coast Railroad Company, and was operated by the employees and on the tracks of that railroad until it reached Jacksonville, Florida. From Jacksonville to Richmond, Virginia, it was operated by the locomotive power and the employees of Atlantic over the tracks of that line. On the journey from Richmond to Washington, D. C., the Richmond, Fredericksburg & Potomac Railroad Company (Richmond) furnished the locomotive and the operating crew, and carried the train over its own tracks. When the train arrived at Union Station in Washington, Richmond's engine was uncoupled and removed from the train and the crew of that company left the train. After this and before the train left the station, an engine of the Pennsylvania Railroad was attached to the train. The station is owned, operated and controlled by Terminal, which owns the tracks on which the car in question was standing.
3
In performance of his duty as a railroad car repairman and as an employee of Terminal, appellant proceeded to inspect the cars to determine if the brakes were in proper operating condition. While acting within the scope of his employment in making this inspection he was injured by reason, it is claimed, of a defective brake.
4
Appellant alleges that shortly before the time of the injury he had looked at the "billboard" over the top of the car next to the engine and that the "billboard" designated the train as being of Atlantic. He also claims that the pertinent timetable of Atlantic referred to that train as the "East Coast Champion" and represented that Atlantic operated it from Miami to Boston, Massachusetts.2
Gilbert B Norman wrote:Mr. Dunville, two points; first the MoPac Blue has not always been WTC paint scheme. I can recall a Grey livery.Not my pics
NellieBly wrote:I actuly live not to far away from Washington DC so i dont think i would like to go driveing distence just to stay in a hotell for a day.
I don't have any videos for you, but if you visit Washington, book a room in the Marriott Courtyard adjacent to the New York Avenue Metro station, and ask for a room on the east side. You'll have a panoramic view of Union Station's trackage. I'm staying there myself for a couple of days next week.
