Campbell

Spokane & I. E. R. Co. v. Campbell

Good Law
217 F. 518·1914 U.S. App. LEXIS 1455
United States Court of Appeals for the Ninth CircuitOctober 19, 1914No. 2366California1,854 words

Opinion

lead Opinion

Wolverton, J.

(after stating the facts as above). Three questions are urged upon our attention: First, whether the *521 Safety Appliance Act of Congress has application to interstate electric; railroads, it being contended that the defendant was not bound to equip its motors with air brakes; second, whether the trial court should have allowed the motion for judgment non obstante; and, third, whether the motion for new trial should have been granted.

[1] Section 1 of the Safety Appliance Act of Congress, March 2, 1893, requires common carriers engaged in interstate commerce by railroad to equip their locomotive engines with power driving-wheel brakes and appliances for operating the train-brake system, and to equip a sufficient number of cars in the train with power or train brakes so that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for the purpose. 27 Stat. 531 . By an amendment of this statute (Act March 2, 1903, 32 Stat. 943 ) the provisions and requirements thereof relating to train brakes, automatic couplers, etc., are made to apply to all trains, locomotives, tenders, cars, and similar vehicles used on any…

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