St. Louis Southwestern Ry. Co. of Texas v. United States

BRYAN, Circuit Judge.

This is a suit to recover a penalty for hauling and using a defective railroad ear, in violation of the Safety Appliance Act, as amended by section 4 of the Act of April 14, 1910, U. S. C. tit. 45, § 13 (45 USCA § 13).

Section 2 of the quoted act (45 USCA § 11) makes it unlawful for any common carrier subject to its provisions to haul or use any car not equipped with safety appliances. Section 4, which imposes a penalty for each and every violation, contains the following proviso:

“Provided, that where any car shall have been properly equipped, as provided in this act and…