Legal Opinion

United States v. Trinity & B. V. Ry. Co.

Court of Appeals for the Fifth Circuit

Decided December 1, 1913PublishedCited by 15 opinions

In Error to the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Action at law by the United States against the Trinity and Brazos Valley Railway Company. Judgment for defendant on the second count of the petition, and plaintiff brings error.

1Opinion of the Court

CALL, District Judge.

On January 15, 1913, the plaintiff in error filed its petition against the defendant in error, claiming $100 for each of three violations of the safety appliance acts of Congress.

The charge in the second cause of action, the only one with which we are concerned, is as follows:

*449“For a second cause of action plaintiff alleges .that said defendant is, and was during all the times mentioned herein, a common carrier engaged in interstate commerce by railroad in the state of Texas.
“Plaintiff further alleges that in violation of the act of Congress known as the Safety Appliance…

2Cases cited4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  2. United States v. DicksonSupreme Court of the United States · 1841
  3. Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
  4. Galveston, H. & S. A. Ry. Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1912

3Cited by15 opinions

  1. Chesapeake & O. Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1915
  2. Baltimore & O. S. W. R. v. United StatesCourt of Appeals for the Sixth Circuit · 1917
  3. Hawkeye Portland Cement Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1924
  4. United States v. Chicago & A. R.Court of Appeals for the Seventh Circuit · 1918
  5. The Alabama Great Southern Railroad Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956

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