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

• Decision Date: 23 April 1912
• Docket Number: 1,800.
• Citation: 198 F. 637
• Parties: ATCHISON, T. & S.F. RY. CO. v. UNITED STATES.
• Court: U.S. Court of Appeals — Seventh Circuit

198 F. 637

ATCHISON, T. & S.F. RY. CO. v. UNITED STATES.

No. 1,800.

United States Court of Appeals, Seventh Circuit.

April 23, 1912

Robert Dunlap, Lee F. English, and James L. Coleman, for plaintiff in error.

James H. Wilkerson, U.S. Atty., Harry A. Parkin, Asst. U.S. Atty and Philip J. Doherty, Sp. Asst. U.S. Atty.

Before BAKER, SEAMAN, and KOHLSAAT, Circuit Judges.

BAKER Circuit Judge.

Penalties were assessed against plaintiff in error for violations of the Safety Appliance Act. Points respecting constitutionality have been abandoned. Two matters concerning the application of the statute are pressed as grounds for reversal.

In a train used in interstate traffic plaintiff in error had a car whose drawbar was less than the standard height above the rails. This condition was observed by the government inspector 15 minutes before the train left the yard. Violation of the statute is questioned on the ground that the condition resulted, not from any defect in the drawbar itself, or in its attachment to the frame of the car, but from the breaking of a king pin, whereby the frame to which the drawbar remained securely attached was lowered. But the statute (section 5) provides that 'no cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the standard above provided for. ' So it is immaterial whether the lowering was caused by the sagging of the drawbar from the frame or the sagging of the entire frame; and the resulting condition of noncompliance with the standard height would be as observable in the one case as in the other.

Less than the required number of cars in the train had air brakes under the control of the engineer. Corwith is an outer Chicago yard, where incoming trains used in interstate traffic are stopped and the cars are distributed upon various tracks. Cars that are destined to plaintiff in error's inner yard at Eighteenth street are assembled at Corwith into a train and moved about eight miles to Eighteenth street over switch tracks, leads, and main tracks of plaintiff in error across a drawbridge and three railroads, at the rate of six to eight miles per hour. Beyond Corwith the trains are under the jurisdiction of the train dispatcher; between Corwith and the Eighteenth Street yard, of the yardmaster. At Corwith the regular 'road' crews give up the trains, and from there to Eighteenth street trains are handled by 'switching' crews. From Corwith to Eighteenth street the...