United States v. Northern Pacific Ry. Co., 254 U.S. 251 (1920)

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United States v. Northern Pacific Railway Company


No. 88


Argued November 11, 12, 1920
Decided December 6, 1920
254 U.S. 251

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

The requirement of the Safety Appliance Acts that all trains used on any railroad engaged in interstate commerce shall have a certain percent of their car equipped with power or train brake under control of the engineer applies to "transfer trains" moving between two yards of a railroad company, over a "transfer" track which crosses at grade streets and lines of independent railroad companies where freight and passenger trains are run, and which also is used, in part, by independent railroad companies for their freight trains. P. 253.

A moving locomotive and cars attached are without the provision of the act only when they are not a train, as where the locomotive is engaged in switching, classifying, and assembling cars in a yard to make up a train. P. 254.

It is not the duty of courts applying the act to weigh dangers incident to particular railway operations. P. 255.

255 F. 655, reversed.

The case is stated in the opinion.