United States v. Chicago, St. P., M. &. O. Ry. Co.

GARDNER, Circuit Judge.

This action was brought to recover a penalty prescribed by the Safety Appliance Acts as extended by the Interstate Commerce Commission’s order of June 6, 1910. Judgment was in favor of the defendant, and the government has appealed. The facts were stipulated and are substantially as follows: On October 18, 1928, the railway company, an interstate carrier, was operating over its line in St. Paul, Minn., in an easterly direction for a distance of two miles, a certain passenger train consisting of a locomotive ■engine and tender, eleven passenger cars, and a pusher…