United States v. Atchison, T. & S. F. Ry. Co.
District Court, D. Colorado
At Daw. This action is for the recovery of §100 as a penalty for the violation of the safety appliance act, approved March 2, 1893, c. 196, § 2, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174], and the amendments thereto (Act April 1, 1896, c. 87, 29 Stat. 85 [U. S. Comp. St. 1901, p. 3175], and Act March 2, 1903, c. 976, 32 Stat. 943 [U. S. Comp.
Read the full summary
At Daw. This action is for the recovery of §100 as a penalty for the violation of the safety appliance act, approved March 2, 1893, c. 196, § 2, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174], and the amendments thereto (Act April 1, 1896, c. 87, 29 Stat. 85 [U. S. Comp. St. 1901, p. 3175], and Act March 2, 1903, c. 976, 32 Stat. 943 [U. S. Comp. St. Supp. 1905, p. 603]), in that, as alleged, the defendant “hauled over its line of railway one car, to wit: S. W. S. C. 2511, used in moving interstate traffic * * * when the coupling and uncoupling apparatus on the A end of said car was out of…
1Opinion of the CourtLewis, District Judge
(after stating the facts). The motion for a new trial is leveled against the instructions of the court; because, first, the jury were directed that the defendant was held to reasonable care and diligence in the inspection of its cars, and if it used such care, and did not discover the defect in question, it was not liable; and, second, the defendant was held to ’reasonable care in putting the coupling in good repair after it ascertained that it was out of repair.
The action seeks to recover a forfeiture. The statute, for the purposes now under consideration, is penal. Johnson v. So. Pac. Co.,…
2Cases cited3 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- State ex rel. Barton Co. v. Kansas City, Ft. S. & G. R.U.S. Circuit Court for the District of Western Missouri · 1887
- United States v. Southern Ry. Co.District Court, S.D. Illinois · 1905
3Cited by7 opinions
- St. Louis & S. F. R. Co. v. DelkCourt of Appeals for the Sixth Circuit · 1908
- United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1908
- United States v. Illinois Cent. R.District Court, W.D. Kentucky · 1907
- Atlantic Coast Line R. v. United StatesCourt of Appeals for the Fourth Circuit · 1909
- Missouri Pacific Railway Co. v. BrinkmeierSupreme Court of Kansas · 1907
2 more not listed; retrieve them via the Exa API.