United States v. Monongahela Connecting Railroad Co.

OPINION

DUMBAULD, District Judge.

This case originated when the United States on September 18, 1967, filed a complaint seeking a penalty of $250 1 for movement by defendant of a twelve car train on August 3, 1967, with air brakes operational on only five cars. This was less than 85 per cent of the cars, and hence allegedly violated 45 U.S.C. §§ 1-10, and a regulation of the Federal Railroad Administration (49 C.F.R. 232.1). 2 It should be noted that 45 U.S.C. § 9 requires that not less than 50 per cent of the cars in a train have operational brakes, 3 but that the Secretary of Transportation 4…