United States v. Northwestern Pac. R.

These cases involve alleged infractions by the defendant of the federal Safety Appliance Act of March 2, 1893 (27 Stat. L. 531 [Comp. St. §§ 8605-8612]), as amended Act April 1, 1896 (29 Stat. L. 85 [Comp. St. 1913, § 8610]), and Act March 2, 1903 (32 Stat. L. 943 [Comp. St. 1913, §§ 8613-8615]). While not tried together, they have been submitted on the same argument and briefs, and as the principal question in each is common to both, they may be disposed of in one opinion.

There is no controversy as to the defendant being a corporation engaged in interstate commerce and subject to the requirements of the act, nor as to the fact of the existence of the several defects in the equipment as alleged and counted upon in both actions, the only controversy arising over the questions: (1) Whether it was being employed for a purpose such as to bring it within the act; and (2) in a manner to render defendant responsible for such use.

[1] 1. The first three counts in case No. 15897 cover the use on defendant’s road of three of its own cars under these circumstances: The Bayside Lumber Company, a patron of defendant, with its mills near Eureka, carried on logging operations about 3 miles…