United States v. South Buffalo R.

AUGUSTUS N. HAND, Circuit Judge.

This is an action brought by the United States against South Buffalo Railway Company to collect a penalty for violating the Safety Appliance Act, 45 U.S.C.A. §§ 1-16 inclusive. The third and sixth claims asserted against the defendant, which are alone in question on this appeal, involve the Safety Appliance Act, §§ 1 to 10, and an order of the Interstate Commerce Commission dated June 6, 1910, which prescribe that a minimum percentage of power air brakes shall he used in a train. Section 9 of Title 45 of the Code requires that not less than 50 per cent of the…