United States v. Southern Pac. Co.

This action was brought to recover penalties for violations of the Federal-Safety Appliance Acts (45 USCA §§ 1-10). There were five counts in the complaint, each charging that the defendant railroad company had moved a train without making the use of power brakes capable of being operated by the engineer of the locomotive attached thereto. The District Court held that the several movements constituted switching operations within the terminal yards of the defendant; hence there was no violation of the act. The United States has appealed from the judgment.

The several alleged train movements were to and from the same points but on different dates. On' the first date, ten cars with a locomotive attached moved; on the second date, *865 twenty-six cars; on the third date, twenty ears; on ihef fourth date, eight ears; on the fifth date, thirteen ears. During none of the movements were air brakes coupled for use.

In the city of San Francisco thd defendant railroad company maintains extensive terminal yards used in connection with both its freight and passenger service. One section of the yards may be described generally as being included within the area lying between Third and Seventh…