Chicago & E. R. v. United States

PAGE, Circuit Judge.

The question raised is: Was the handling in question of its freight ears by the Erie Railroad, at Huntington, Ind., a switching operation, or was it a “train movement,” within the meaning of section 2 of the Safety Appliance Act of March 2, 1903 (32 Stat. p. 943 [45 USCA § 9; Comp. St. § 8614])?

We are in serious doubt as to whether the record presents anything for review, but that question has not been raised by the parties. What are switching operations, and what are train movements, within the meaning of the Safety Appliance statutes, has many times been presented to the…