Galveston, H. & S. A. Ry. Co. v. United States
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Western District of Texas. Action by the United States against the Galveston, Harrisburg & San Antonio Railway Company to recover penalties for violation of the Safety Appliance Act. 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 Texas. Action by the United States against the Galveston, Harrisburg & San Antonio Railway Company to recover penalties for violation of the Safety Appliance Act. Judgment for the United States, and defendant brings error. This action was brought to recover penalties for an alleged violation of the act of Congress, known as the Safety Appliance Act, approved March 2, 1893 (Act March 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]), as amended by an act approved April 1, 1896 (29 Stat. 85, c. 87), and…
1Opinion of the Court
PARDEE, Circuit Judge.
Involving the construction of the Safety Appliance Acts, two classes of suits, one for injury to employés and the other to penalize the railroads for noncompliance, have been passed upon by the courts. ' In the first it has been substantially settled that the duty on the railroads was absolute, and noncompliance without excuse. St. Louis & Iron Mountain R. v. Taylor, 210 U. S. 281, 28 Sup. Ct. 616, 52 L. Ed. 1061. In the other class, decisions have been conflicting; the Supreme Court not having passed on the precise question involved.
Without reviewing the many cases…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- United States v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1909
3Cited by3 opinions
- United States v. Trinity & B. V. Ry. Co.Court of Appeals for the Fifth Circuit · 1913
- The Alabama Great Southern Railroad Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- United States v. Pennsylvania Co.District Court, N.D. Ohio · 1915