Wabash R. Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois. The writ of error is to reverse a judgment entered in favor of the United States for one hundred dollars upon each of four counts of a declaration charging violations of section 2 of the Safety Appliance Act of March 2, 1893 (27 Stat. 531, c. 196 [U. S. Comp.
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In Error to the District Court of the United States for the Eastern District of Illinois. The writ of error is to reverse a judgment entered in favor of the United States for one hundred dollars upon each of four counts of a declaration charging violations of section 2 of the Safety Appliance Act of March 2, 1893 (27 Stat. 531, c. 196 [U. S. Comp. St. 1901, p. 3174]). The specific act of violation charged in the first count is that the coupling and uncoupling apparatus on the “B” end of a certain locomotive engine, and in the second, third and fourth counts •respectively, that the coupling…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as above). Two questions are raised by the assignments of error that we deem it necessary to dispose of; first, and relating to the conviction on the first count only, was the plaintiff in error entitled to show that the coupling on the B end of the engine was not intended to be used, and, secondly, whether in complying with the provisions of the Safety Appliance Act, proof of a high degree of care and diligence to keep its coupling apparatus in good repair, as required by the Act, would relieve it from liability under the Act as against mere proof by the Government…
2Cases cited2 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
3Cited by9 opinions
- Chesapeake & O. Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1915
- Norfolk & W. Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1910
- The Alabama Great Southern Railroad Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- United States v. Chicago, St. P., M. &. O. Ry. Co.Court of Appeals for the Eighth Circuit · 1930
- Chicago, M. & P. S. Ry. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
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