United States v. Northern Pac. Ry. Co.

After a trial by the court without a jury, the District Court gave judgment dismissing appellant’s complaint, from which judgment this appeal is taken. Appellant is seeking to recover a statutory penalty of $100 for an alleged violation of the Safety Appliance Act as modified by an order of the Interstate Commerce Commission of June 6, 1910, made pursuant to the provisions of that act.

The facts are set forth in an agreed statement which we will briefly summarize. On August 3 and 4, 1933, appellee operated a freight train consisting of 74 cars and a locomotive from Spokane, Wash., through Paradise, Mont., to Missoula, Mont. All of the 74 cars were equipped with power or train brakes, and all were in use and op-, erated by the engineer when the train left Spokane. At some point between Spokane and Paradise, the brakes on car No. 9330S, the eighth car from the locomotive, ceased to operate properly, and, because of the possibility that the movement of the train might be thereby interfered with, the cutout on the cross-over pipe of said car was closed so as to - release the air brakes on that car. This made it impossible for the engineer to operate the brakes on that car, buf it did…