United States v. Northern Pac. Ry. Co.

NORDBYE, District Judge.

The United States contends that a certain movement of cars in defendant’s yards without cutting in the air constitutes a violation of the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. The defendant, conceding that it is engaged in interstate commerce, contends that the movement was a mere switch movement and hence not in violation of law. The essential facts are not in dispute. íhere were 47 cars in the movement. They were assembled on the so-called macaroni lead track, which runs parallel to the double main line track of the defendant. Generally speaking, this track…