1. Railroads (§ 229*) — Safe Appliances — Drawbars—Location—“Freight Cars.”

Safety Appliance Act March 2, 1893, c. 190, 27 Stat. 531 (U. S. Corap. St. 1901, p. 3174), provided that within 90 days after the passage of the act the American Railway Association was authorized to designate to the Interstate Commerce Commission the standard height of drawbars for freight cars, for each of the several gauges of railways in use in the United States, and should fix a maximum variation from such standard height to be allowed between the drawbars of empty and loaded cars. The section then requires all common carriers engaged in interstate commerce to conform their cars thereto, and imposed a penalty for the use in interstate commerce after July 1, 1895, of cars not conforming to the standard. Held, that the term “freight cars,” as used in such section, included the locomotive at the head of the train and the caboose at the other end, so that the use of a locomotive with a drawbar on the front end not conforming to the specified height constituted a violation of the act.

[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 743; Dec. Dig. § 229.*

For other definitions, see Words and Phrases, vol. 4, p. 2976.]

2. Railroads (§ 229*) — Equipment—Defective Drawbar.

Where a locomotive engaged in interstate commerce was equipped with a drawbar on the front end of improper height, in violation of Safety Appliance Act March 2, 1893, c. 196, 27 Stat. 581 (U. S. Comp. St. 1901, p. 3174), as amended by Act March 2, 1903, c. 976, 32 Stat. 943 (U. S. Comp. St. Supp. 1911, p. 1314), the use of such locomotive in interstate commerce while so equipped constituted a violation of the act, though, after an unsuccessful attempt to use the front drawbar for the transfer of cars, the locomotive was sent to the roundhouse and reversed, and thereafter only the tank end was used to couple the locomotive to cars.

[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 743; Dec. Dig. § 229.*

Duty of railroad companies to furnish safe appliances, see note to Fel- . ton v. Bullard, 37 C. C. A. 8.]