Wabash R. v. United States

Citations

• 168 F. 1
• 1909 U.S. App. LEXIS 4412

Syllabus

<p>1. Commeiícu (§ 27*) — Interstate Commerce — Safety Appliance Act.</p> <p>The amendment of March 2, 1903 (32 Stat. 943, c. 076 [U. S. Comp. St. Supp. 1907, p. 885]), to the safety appliance act applies to all cars and trains operated by a railroad carrier of interstate commerce over an interstate highway, irrespective of whether they are operated between points situated in the same state, or whether they are empty, or whether the traffic carried is intrastate traffic, and is constitutional.</p> <p>LBd. Note. — For other cases, see Commerce, Dec. Dig. § 27.*</p> <p>Duty of railroad companies to furnish safe appliances, see note to Fel-ton v. Bullard, 37 C. C. A. 8.]</p> <p>2. Railroads (§ 229*) — Interstate Commerce — Safety Appliance Act.</p> <p>A penal statute, or one in derogation of the common law, should not be hedged in to less than the legislative intent, if that is clearly revealed by the act as a whole. From the title, and from every part of the safety appliance acts, it is indisputable that the purpose was to promote the safety of interstate passengers and freight, and to protect the lives and limbs of railroad employés while engaged in the work of interstate transportation.</p> <p>[Ed. Note. — For other eases, see Railroads, Dec. Dig. § 229.*]</p> <p>3. Commerce (§ 27*) — Safety Appliance Acts —Cars Subject to Restric- . tions.</p> <p>If a car is set apart for carrying intrastate traffic exclusively, but if it is not confined to intrastate trains on an intrastate line, the fact that while it is laden with intrastate traffic it is hauled in connection with interstate cars on on interstate line requires it to be equipped with automatic couplers and grab-irons, in compliance with the federal safety appliance acts.</p> <p>[Ed. Note. — For other cases, see Commerce, Doc. Dig. § 27.*]</p> <p>4. Evidence (§ 514*) — Expert Evidence.</p> <p>An expert trainman may be asked, at the trial of a case under the safety appliance acts, as to the condition of a car coupl