United States v. Terminal Railroad Association of St. Louis

DUFFY, Chief Judge.

Two civil suits containing six causes of action were brought against defendant to recover penalties for alleged violations of the Safety Appliance Acts, Title 45 U.S.C.A. §§ 1-16, and an order of the Interstate Commerce Commission issued pursuant thereto. At issue on this appeal are the two causes of action in Civil No. 3473 and the first two causes of action in No. 3202. These four involve an interpretation of section 9, the Air Brake Provisions of the Statute.

Section 9 of the Act provides that when any train is operated with power or train brakes not less than fifty…