Great Northern Ry. Co. v. United States

This case for a second time comes before the court. It is a prosecution in 12 counts, brought to1 recover penalties against the railway company for violation of Safety Appliance Act March 2, 1893, c. 196, 27 Stat. 531 , as amended by Act April 1, 1896, c. 87, 29 Stat. 85 , Act March 2, 1903, c. 976, 32 Stat. 943 , and Act April 14, 1910, 36 Stat. 298 . Examination of the case as reported in U. S. v. Great Northern R. Co., 229 Fed. 927 , 144 C. C. A. 209 , and of the complaint herein, shows that the material allegations of the complaint are that the railway company ran its trains in interstate commerce when the speed of the train was controlled by the brakemen using the common hand brake for that purpose, and when the railway company required the brakemen to use the common hand brake to control the speed of the train, and when the speed of the train was not controlled by the power or train brakes used and operated by the engineer of the locomotive drawing the train.

Upon the first hearing before the District Court, demurrer to the complaint was sustained, and judgment went in favor of the railway *408 company. But this court reversed that judgment, and after remand the company…