Detroit, Toledo & Ironton Ry. v. State

Citations

• 21 Ohio C.C. Dec. 20

Syllabus

<p>RAILWAYS — STATUTES.</p> <p>1. State and Federal Statutes on Safety Appliance Acts not Inconsistent.</p> <p>Federal act 27 Stat. at L. 531, requiring automatic couplers on railroad cars moving interstate traffic, has not exclusive control and regulation of a car operated by a railroad over a track commonly used In Interstate traffic, in a train actually at the time so engaged; but such car, being then loaded with intrastate, as distinguished from interstate traffic, is within the control and regulation of act 98 O. L. 75, providing for automatic couplers on cars moving state traffic.</p> <p>2. Car is Unit upon Which Penalty for Violation is Based.</p> <p>“Car,” and not “train” is the unit in determining the subject of penalty in both acts 98 O. L. 75 and 27 U. S. Stat. at L. 531 requiring automatic coupler equipments.</p> <p>[Syllabus approved by the court.]</p>