United States v. Staten Island Rapid Transit Railway Co.

BYERS, District Judge.

This cause involves an alleged breach of the Safety Appliance Act, 45 U.S.C.A. § 1 et seq., on the part of the defendant in connection with a movement of freight cars in its St. George Yard on Staten Island on September 16,1953; the question for decision is whether that operation was so conducted as to incur the penalty which the Government seeks to exact, by reason of the failure of the defendant to cause the air brake system to be coupled from the engine to the freight cars being moved.

The complaint alleges two causes, a westerly movement from about the Yard Office to…