United States v. Atchison, T. & S. F. Ry. Co.

The United States appeals from a judgment holding appellee free from liability in a civil action brought under the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16 .

The complaint contained four causes of action and sought judgment in the amount of $400. Each count related to the hauling or use of a freight car which was admittedly defective within the meaning of the Act. The cars had been placed by other carriers on the interchange tracks near Stockton, California, on April 4, 6, and 7, 1944. An inspector, employed jointly by appellee and the other carriers, examined the cars on the interchange tracks, and in each instance discovered that the defective car was coupled between nondefective cars in such fashion that the nondefective cars could not be moved or used without the movement of the defective cars. The latter were thereupon tagged as being in bad order and were hauled by appellee to its-switching yard, approximately a mile distant, where they were separated from the nondefective cars. Some hours later they were shoved back on the interchange tracks. No effort was made to repair them either on the interchange tracks or in the switching yard.

The court found that appellee had…