Legal Opinion

International Ry. Co. v. United States

Court of Appeals for the Second Circuit

Decided December 12, 1916No. 21PublishedCited by 4 opinions

In Error to the District Court of the United States for the Western District of New York. Action by the United States against the International Railway Company to recover penalties for violation of Safety Appliance Act March 2, 1893, as amended by Act March 2, 1903. Judgment for the United States, and defendant brings error.

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In Error to the District Court of the United States for the Western District of New York. Action by the United States against the International Railway Company to recover penalties for violation of Safety Appliance Act March 2, 1893, as amended by Act March 2, 1903. Judgment for the United States, and defendant brings error. Under nine causes of action the United States alleged and proved: (1) That the railway company moved two cars fastened together, between Lock-port and North Tonawanda, N. X., when neither ear was equipped with an automatic coupler; (2) that it moved between the same…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1J The second section of the statute sued upon declares it to be unlawful for any common carrier engaged in interstate commerce by railroad “to haul, or permit to be hauled or used on its line, any car used in moving interstate traffic not equipped with” couplers, that engage each other “automatically by impact,” and can be uncoupled “without the necessity of men going between the ends of the cars.” The amendment -of 1903 declares that the foregoing regulation applies to all cars used on any railroad engaged in interstate commerce “excepting those * * *…

2Cases cited7 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Riggs v. . PalmerNew York Court of Appeals · 1889
  3. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  4. Spokane & Inland Empire Railroad v. United StatesSupreme Court of the United States · 1916
  5. Lionberger v. RouseSupreme Court of the United States · 1870

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

3Cited by4 opinions

  1. Vandell v. United StatesCourt of Appeals for the Second Circuit · 1925
  2. Echols v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1932
  3. Brooklyn Eastern Dist. Terminal v. United StatesCourt of Appeals for the Second Circuit · 1917
  4. United States v. Southern Railway Co.District Court, W.D. North Carolina · 1964

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