United States v. Northern Pac Ry Co

• Citation: 41 S.Ct. 101,65 L.Ed. 249,254 U.S. 251
• Decision Date: 06 December 1920
• Docket Number: No. 88,88
• Parties: UNITED STATES v. NORTHERN PAC. RY. CO
• Court: United States Supreme Court

254 U.S. 251

41 S.Ct. 101

65 L.Ed. 249

UNITED STATES

v NORTHERN PAC. RY. CO.

No. 88.

Argued Nov. 11 and 12, 1920.

Decided Dec. 6, 1920.

Assistant Attorney General Adams, for the United States.

Messrs. D. F. Lyons and Charles W. Bunn, both of St. Paul, Minn., for respondent.

Mr. Justice BRANDEIS delivered the opinion of the Court.

The Northern Pacific Railway Company owns and uses in interstate commerce a terminal railroad along the water front of Duluth extending from Rice's Point to Furnace, a distance of 4 miles. It was sued in the District Court of the United States for the District of Minnesota for violating the Safety Appliance Act¹ by operating over the whole of this road, in September, 1916, two transfer trains, without complying with the requirement that 85 per cent. of the train brakes be coupled so as to be under engine control. One train consisted of a locomotive and 48 cars; the other, of a locomotive and 40 cars. The company contended that the provision of the Safety Appliance Act did not control the operation, because this terminal road was not part of a main line; that neither passenger nor freight trains, through or local, moved on it; that on it trains are not operated by time-tables, train orders, or timecards, nor is the use of the track controlled by block signals; that on it no train has right of way over another; but that there the single operating rule applies which requires all trains to move at such speed that they can be stopped at vision, and that trains are under the yardmaster's orders. The company's contention was sustained by the District Court which directed a verdict for defendant; and the judgment entered thereon was affirmed by the Circuit Court of Appeals for the Eighth Circuit. 225 Fed. 655, 167 C. C. A. 31. The case comes here on writ of certiorari. 249 U. S. 597, 39 Sup. Ct. 388, 63 L. Ed. 795.

These additional facts are material: The road for a distance of a mile at the beginning and for less at the end is single track. It crosses at grade two streets, on one of which run street cars. It crosses at grade, at five places in all, lines of three independent railroad companies which run freight trains to piers situated between Rice's Point and Furnace. One of these companies also runs passenger trains across defendant's tracks. In addition, two other independent companies use, under the usual traffic right agreement, about a mile of this railroad as a part of their freight lines to piers situated between Rice's Point and Furnace. These 4 miles of railroad owned by the Northern Pacific are not used by it for switching or assembling cars. The switching, assembling, and classification of cars for its through and local freight is done in the Rice's Point yard, where there are 55 tracks, each 4,000 feet long, and at Furnace, where there are 15 tracks, cars are also switched and assembled. At Berwind and Boston, two intermediate points, where there are respectively 9 and 6 tracks, cars are frequently set out or picked up by transfer trains. The transfer trains here in question appear to have run solid between Rice's Point and Furnace. Trains are run by the Northern Pacific on this line at a speed varying from 3 to 18 miles an hour.

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