United States v. Elgin, J. & E. Ry. Co.

KERNER, Circuit Judge.

The United States brought a civil action in six counts charging as many violations of the Safety Appliance Act, 45 U.S.C.A. §§ 1 to 16, and an order of the Interstate Commerce Commission promulgated pursuant thereto. Defendant admitted liability as to one of the counts; the court heard evidence as to the other five, rendered findings of fact and conclusions of law in favor of defendant, and entered judgment for defendant accordingly. The appeal from that judgment raises the question whether the movement of the five cuts of freight cars involved constituted “train…