United States v. Great Northern Ry. Co.

WILBUR, Circuit Judge.

I concur in the reversal and also in the opinion holding that error was committed in receiving appellee’s evidence.

It seems to me that in this case where there is no controversy over the facts the question of whether or not the movement of the assembled ears is a train movement or a switching movement is one of law to be decided by the court. In U. S. v. Northern Pac. R. Co., 254 U. S. 251, 41 S. Ct. 101, 102, 65 L. Ed. 249, the Supreme Court apparently treated the question involved as one of law, and decided that the car movement therein described was a “train”…