United States v. The Ogden Union Railway and Depot Company

ALDRICH, Circuit Judge.

This is an appeal by the government from the dismissal of certain counts of a complaint brought against the Ogden Union Railway and Depot Company for alleged violations of the Safety Appliance Acts, 45 U.S.C. §§ 1-10. The dismissed counts present the single question whether, when defendant was engaged in switching operations, it was obliged to comply with § 9 of the Act. It is defendant’s position that this section, which relates exclusively to power brakes, is applicable only to cars engaged in train movements, which, concededly, these cars were not.

As originally…