United States v. Rio Grande Western Ry. Co.

Citations

• 174 F. 399
• 98 C.C.A. 293
• 1909 U.S. App. LEXIS 5201

Syllabus

<p>3. RAILROADS (§ 254*)-SAFETY APPLIANCE ACT — ACTIONS TOR PENALTIES — IÍV-idisnce — Condition of Oars Before Alleged Violations and Character ojp Repairs Material.</p> <p>Evidence of the condition of alleged defective cars when last inspected, 37 miles distant, before they arrived at the station whore the defects were discovered and the material slips of the workmen who repaired them, are competent evidence upon the issues in an action to recover penalties under'Safety Appliance Act March 2, 1893, e. 190, § 1, 27 Stat. 531 (IT. S. Comp. Si. 1901, p. 3174), as amended by Act March 2, 1903, c. 976, § 1, 32 Stat. 943 (II. S. Comp. St. Supp. 1907, p. 886, Sujip. 1909, p. 1143).</p> <p>[Ed. Note. — For other cases, see Railroads, Dee. Dig. § 254.*]</p> <p>2. Railroads (§ 229*) — Safety Appliance Act — Neoessary Movement of Single Car for Repair No Violation.</p> <p>The necessary movement of a defective car alone for the purpose of repair does not subject the carrier to the penalties of the act.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 229.*]</p> <p>(Syllabus by the Court.)</p>