United States v. Atchison, T. & S. F. Ry. Co.

HEALY, Circuit Judge.

The United States appeals from a judgment holding appellee free from liability in a civil action brought under the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16.

The complaint contained four causes of action and sought judgment in the amount of $400. Each count related to the hauling or use of a freight car which was admittedly defective within the meaning of the Act. The cars had been placed by other carriers on the interchange tracks near Stockton, California, on April 4, 6, and 7, 1944. An inspector, employed jointly by appellee and the other carriers, examined the cars on…