In Error to the District Court of the United States for the Southern Division of the Southern District of California.

Proceeding by the United States against the Pacific Coast Railway Company for violation of the safety appliance act. Judgment for the United States, and defendant brings error.

Tlio plaintiff in error is a common carrier, organized under the laws of the state of California, engaged in operating a narrow-gauge railway situate entirely within two counties of that state, Santa Barbara and San Buis Obispo counties. As such common carrier, it received at San Luis Obispo, from the Southern Pacific Company, freight consigned from points in Eastern states, and which was in some instances billed from the point of shipment to a station on the line of the road of the plaintiff in error, and in other instances was billed to San José, a terminal i>oiut of the Southern Pacific Company. In the latter case the goods were consigned to the order of the shipper, but thereafter, and before their arrival at San José, the shipper had arranged with the Southern Pacific Company that on and after their arrival the goods should be forwarded by that company to stations on the line of the road of the plaintiff in error, Hie places of their ultimate destination. For this the shipper would prepay to the Southern Pacific Company the additional freight to the point; of destination. The road of the plaintiff in error being one of narrow gauge, no cars of tlie Southern Pacific Company ever passed over its line, and all goods consigned to points on its line were unloaded from the Southern Pacific cars at San Luis Obispo, and there reloaded upon the cars of the plaintiff in error. At San Luis Obispo the plaintiff in error would receive from and give its receipt to the Southern Pacific Company as the shipper of the property at that point. The plaintiff in error had no contractual relation with the original shipper, and no traffic arrangement with the Southern Pacific Company or any other carrier.