United States v. Denver & Rio Grande Western Railroad

CHRISTENSON, District Judge.

The Government seeks enforcement of the statutory penalty against the defendant railroad company for allegedly hauling or using on its line a car which was out of repair or not properly equipped, relying upon 45 U.S.C.A. § 13 and other provisions of the Safety Appliance Acts referred to therein. 45 U.S.C.A. §§ 1 to 16, inclusive. The case has been submitted for decision upon an agreed statement of facts. Union Pacific Railroad Company on February 25, 1959, acting on its own behalf and not on behalf of the defendant Denver & Rio Grande Western Railroad Company,…