United States v. Chicago, St. P., M. & O. Ry. Co.

EVANS, Circuit Judge.

This appeal is from a judgment dismissing appellant’s action brought to recover penalties for violation of the Safety Appliance Act (45 USCA § 1 et seq.). The parties filed a written stipulation waiving a jury trial and also submitted an agreed statement of facts. It appeared therefrom that defendant operated a certain passenger train in interstate commerce which consisted of two engines, two tenders, and thirteen steel passenger ears; that one engine and its tender was used as a “pusher” engine and was operated only for a short distance (about four miles) at which place…