Detroit v. State

Citations

• 82 Ohio St. (N.S.) 60

Syllabus

<p>Statutes requiring automatic couplers by railroads — Is valid and reasonable regulation by state — Section 3305-27b, Revised Statutes — Such state law not in contravention — Of regulations by congress requiring automatic couplers — Question of interstate traffic — Constitutional law.</p> <p>1. Section 3365-276, Revised Statutes of Ohio (98 O. L., 76), making it unlawful for any common carrier engaged in moving tfaffic by railroad between points within this state to haul, or permit to be handled or used on its line, any locomotive, car, tender, or similar vehicle used in moving state traffic, not equipped with couplers coupling automatically by impact, and which can be uncoupled, without the necessity of men going between the ends of the cars, is a valid and reasonable exercise of the police power of the state; it does not directly regulate interstate commerce or conflict with regulations thereof enacted by congress, but requires the use of the same kind of automatic couplers required by the act of congress, and therefore is not void on the ground that it is in contravention of the exclusive power of congress to regulate commerce among the states.</p> <p>2. A common carrier using a car in violation of the statute is not immune from the penalty therein provided because the car, or the railroad on which it was being hauled, is commonly used in interstate traffic, or because it was in a train containing cars loaded with interstate traffic.</p>