United States v. Pennsylvania Co.
District Court, N.D. Ohio
At Law. Action by the United States of America, against the Pennsylvania Company. This is a civil action brought by the United States to recover from the Pennsylvania Company penalties for claimed violations of the federal safety appliance acts (Act March 2, 1893, c. 196, 27 Stat. 531, as amended by Act April 1, 1896, c. 87, 29 Stat. 85; Act March 2, 1903, c. 976, 32 Stat. 943; Act April 14, 1910, c. 160, 36 Stat. 298 [Comp.
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At Law. Action by the United States of America, against the Pennsylvania Company. This is a civil action brought by the United States to recover from the Pennsylvania Company penalties for claimed violations of the federal safety appliance acts (Act March 2, 1893, c. 196, 27 Stat. 531, as amended by Act April 1, 1896, c. 87, 29 Stat. 85; Act March 2, 1903, c. 976, 32 Stat. 943; Act April 14, 1910, c. 160, 36 Stat. 298 [Comp. St. 1913, § 8605 et seq.]). The petition contains 34 counts. The first 25 counts are based upon the hauling of that number of empty bad-order cars in a train from Mosier,…
1Opinion of the CourtClarke, District Judge
(after stating the facts as above). [1] That the defendant violated the federal safety appliance acts in moving the cars described in the various counts in the petition in this case as it did 'move them is clear, unless such movement is authorized by the proviso in the act of April 14, 1910. The parts of this proviso which are important to consider read as follows:
Provided, that where any car shall have been properly equipped, as provided in this act and the other acts mentioned herein, and such equipment shall have become defective or insecure while such car was being used by such carrier…
2Cases cited6 opinions
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- United States v. DicksonSupreme Court of the United States · 1841
- Ryan v. CarterSupreme Court of the United States · 1876
- Southern Ry. Co. v. SnyderCourt of Appeals for the Sixth Circuit · 1911
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