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

This is an action tried before and submitted to the court upon an agreed statement of facts. The plaintiff-asks for a judgment of $100, as against the defendant, because of an alleged violation of the Safety Appliance Act of Congress, in that the said defendant hauled on its line of railroad, over a part of a through highway of interstate commerce, a certain freight car, which said freight car was out of repair, in that the uncoupling chain on one end of said car was disconnected from the coupler, thus necessitating a man going between the ends of the cars to couple or uncouple them.

In the agreed statement of facts, among other things not material to a determination of the cause, it is stipulated that the railway of the defendant is, and was, efficiently managed and operated in accord with the best-known custom and usage prevailing among well-operated railways ; that in the city of San Diego, wherein the alleged violation of the Safety Appliance Act occurred, a certain transfer track, upon which was situate the car in question, was a little over one mile distant from a certain track known as the “D street repair track,” which latter track was set apart and used for the…