United States v. Toledo, Peoria & Western Railroad

MEMORANDUM OF DECISION AND JUDGMENT

ESCHBACH, District Judge.

This proceeding is a consolidation of three actions filed against the defendant Toledo, Peoria & Western Railroad Company on January 3, 1967 and two actions filed against the defendant Pennsylvania Railroad 'Company on January 18, 1967. In these actions, the Government seeks to recover statutory penalties of $250 each for alleged violations of 45 U.S.C. § 9, which is also known as the Power or Train Brakes Safety Appliance Act of 1958. The parties have stipulated that these five actions present an identical question of law and that a…