New York Central R. Co. v. United States, 265 U.S. 41 (1924)

New York Central Railroad Company v. United States


No. 169


Argued January 17, 1924
Decided April 28, 1924
265 U.S. 41

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. The acts of Congress and orders of the Interstate Commerce Commission respecting power brakes should be liberally construed to relieve trainmen of the labor and danger involved in the use of hand brakes and to promote the safety of trains and of persons and property thereon. P. 44.

2. Under the amended Safety Appliance At, which, as supplemented by the Commission’s order, requires that 85 percent of the cars in any train shall be equipped with power braes operated by the engineer, and that all power-braked cars "associated together with" such minimum shall have their brakes so used and operated, cars whose power brakes become disabled en route cannot lawfully be hauled to destination past an available repair station, even in a train of which 85 percent of the cars still have operable power brakes, if the former are so interspersed and associated with the latter that they form part of the air line by which the power brakes of the latter are operated. P. 45.

Question certified by the circuit court of appeals under § 239, Judicial Code, upon review of a judgment of the district court in favor of the United States, in an action to recover penalties from the Railroad Company for violations of the Safety Appliance Act.