United States v. Northern Pac. Ry. Co.

Suit was brought against appellee railroad company to recover penalties affixed by statute for the alleged violation of the Safety Appliance Act. It was charged that in two instances appellee had operated trains without power brakes on the ears thereof. 45 USCA § 9. Under the provisions of the section referred to, and orders of the Interstate Commerce Commission made pursuant to authority therein given, not less than 85 per cent, of cars composing any train must be equipped with power brakes capable of being operated by the engineer of the locomotive drawing the train.

Under facts which were stipulated at the hearing in the District Court, judgment was given in favor of the’ appellee.

The question presented is as to whether the movements of the locomotive and ears concerned was a switching operation purely, within the yard limits of appellee’s railroad. The place where the alleged violation occurred was at the city of Aberdeen, Wash. At that place the railroad company has a depot, immediately adjoining which are several side tracks which extend a distance of at least three of the city’s blocks. These side' tracks enter the main line at points easterly of the depot and westerly…