United States v. Southern Pacific Co.

This is an action under the Safety Appliance Acts, 45 USCA § 1 et seq. The complaint alleges five causes of action based on five transfer movements of cars made during September, 1930, between the Mission Bay unit and the Sixth street unit of defendant’s yard in San Francisco. The movements Consisted of 10, 26, 20, 8, and 13 ears, respectively, and in each instance the air brakes were not under the control of the enginemen, due to the air hose being disconnected.

The Mission Bay unit and the Sixth street unit are within an area less than 4,000 feet square. The two units are connected by a line of track paralleling Seventh street on the southwest side of defendant’s yard for a distance of approximately 2,500 feet, the total length of the line being approximately 4,000 feet between the terminal points where it connects with the assemblage of switching and classification tracks of the respective units.

The line in question does not direetly connect with the main line of defendant which parallels it along'Seventh street. • With the exception of six yard switch connections along Seventh street, it does not cross any other track of defendant or that of any other railroad. Between the…