Legal Opinion

Grand Rapids & I. Ry. Co. v. United States

Court of Appeals for the Sixth Circuit

Decided February 16, 1918No. 3059PublishedCited by 2 opinions

In Error to the District Court of the United States for the Northern Division of the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action by the United States of America against the Grand Rapids & Indiana Railway Company. There was a judgment for plaintiff (244 Fed. 609), and defendant brings error.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This is an action to recover penalties for alleged violations of the Safety Appliance Act. The controlling issue arising upon the pleadings and the evidence is whether, as respects freight trains of ten or more cars, while descending a particular grade known as Boyne Hill and upwards of eight miles in length on its main line, the railroad company could rightfully adopt and enforce a general order in terms requiring these trains to be controlled by hand brakes, and forbidding the use of air brakes unless it was evident that the trains could not be controlled by the…

2Cases cited6 opinions

  1. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  2. United States v. Erie Railroad CompanySupreme Court of the United States · 1915
  3. United States v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1915
  4. United States v. Pere Marquette R.District Court, W.D. Michigan · 1913
  5. Virginian Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Dykes v. Norfolk & Western Railway Co.Appellate Court of Illinois · 1984
  2. Dykes v. Norfolk & Western Railway Co.Illinois Supreme Court · 1985

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