United States v. Southern Pac. Co.

JAMES, District Judge.

This action was brought to recover penalties for violations of the Federal-Safety Appliance Acts (45 USCA §§ 1-10). There were five counts in the complaint, each charging that the defendant railroad company had moved a train without making the use of power brakes capable of being operated by the engineer of the locomotive attached thereto. The District Court held that the several movements constituted switching operations within the terminal yards of the defendant; hence there was no violation of the act. The United States has appealed from the judgment.

The several…