United States v. Seaboard Air Line Railroad Company

HAYNSWORTH, Circuit Judge.

This is a proceeding under § 6 of the Safety Appliance Act (45 U.S.C.A. § 6) to collect the statutory penalties for violations of the Act. The violations are said to have occurred when, on four occasions, the railroad moved cars without coupling their brakes so that they could be operated by the engineer. It is admitted that, in each instance, the only operable brakes were those upon the engine, so the only issue is whether or not the movements were train movements *264within the contemplation of the Act (45 U.S.C.A. § 9) and the supplementary orders of the Commission.

In…