United States v. Southern Pacific Company

Appellant filed against appellee a civil suit under Title 28 U.S.C.A. § 1345 , framed in three causes of action, to recover statutory penalties for three alleged violations of Safety Appliance Acts (Title 45 U.S.C.A. §§ 1-16 ). The district court rendered judgment on each of the first two causes of action in favor of appellant, and found in favor of appellee on the third cause of action. While appellant appeals from such judgment, appellee paid and satisfied the penalty imposed under the first and second causes of action. The result is that only the violation alleged in the third cause of action is involved in this appeal, of which this court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294(1).

The facts are not in dispute. On January 22, 1960, appellee used in interstate commerce its train No. 919, consisting of 112 cars, from San Luis Obispo, California, to San Francisco, California. Ill of these cars had operative power brakes which could be operated by the engineer of the locomotive, but the 63rd car, #SP MW 2392, had a cutoff cock closed which rendered the power brakes on such car inoperative, although power was passing through its air lines to the 49 cars behind…