United States v. Chicago, B. & Q. Ry. Co.
District Court, D. Nebraska
On Information for Violation of Safety Appliance Act. The Interstate Commerce Commission lodged with the United States attorney information showing violations of the safety appliance law by the Chicago, Burlington & Quincy Railway Company. There were two petitions; one alleging the hauling of a car with a defective coupler, and one alleging the hauling of two cars with defective couplers and one car with missing handholds. The petitions were consolidated.
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On Information for Violation of Safety Appliance Act. The Interstate Commerce Commission lodged with the United States attorney information showing violations of the safety appliance law by the Chicago, Burlington & Quincy Railway Company. There were two petitions; one alleging the hauling of a car with a defective coupler, and one alleging the hauling of two cars with defective couplers and one car with missing handholds. The petitions were consolidated. Defendant made general denial as to all the counts, and at the trial offered evidence to show due diligence in inspection and repair of the…
1Opinion of the CourtThomas C. Munger, District Judge
(charging jury). In the case now on trial, both parties have presented motions asking that the jury be peremptorily instructed, and I have considered the requests and have concluded to so instruct the jury on each count in the petition.
The facts showing a violation of the act of Congress relating to safety appliances are-sufficient to support each count in the petition, provided it is not necessary that the carrier shall knowingly offend against the statute. If the statute declares an offense, whether the act denounced by the statute is knowingly committed or not, then the case is sufficient…
2Cases cited6 opinions
- United States v. Southern Ry. Co.District Court, S.D. Illinois · 1905
- United States v. Atchison, T. & S. F. Ry. Co.District Court, D. Colorado · 1907
- United States v. Chicago, M. & St. P. Ry. Co.District Court, S.D. Iowa · 1906
- United States v. Great Northern Ry. Co.District Court, E.D. Washington · 1906
- United States v. Southern Pac. Co.District Court, D. Oregon · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. Illinois Cent. R.District Court, W.D. Kentucky · 1907
- United States v. Oregon Short Line Ry. Co.District Court, D. Idaho · 1908