United States v. Fort Worth & Denver City Ry. Co.

JAMES C. WILSON, District Judge.

This is an action to. recover a penalty brought under the Safety Appliance Act in which the government alleged that the defendant, which was engaged in interstate commerce, operated over its railroad, a highway of interstate commerce, a locomotive engine designated as a Browning steam locomotive crane, which was not equipped with a power driving wheel brake.

The parties waived a jury, and agreed that the cause be submitted to the court upon an agreed statement of facts. From the agreed statement it appears that the defendant operated a line of railroad extending…