United States v. New Orleans, T. & M. Ry. Co.

FOSTER, Circuit Judge.

The United States brought suits against the New Orleans, Texas & Mexico Railway Company and the Kansas City Southern Railway Company to recover penalties incurred for violations of the Federal Safety Appliance Act as amended (45 USCA § 1 et seq.; Comp. St. § 8605 et seq.) and the regulations issued thereunder by the Interstate Commerce Commission, alleging four violations as to each road. The suits were consolidated for trial and the jury waived. The District Court made findings of fact substantially as follows:

The Peavy-Bymes Lumber Company operates trains with its own…