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ILLINOIS CENT. R. CO. v. UNITED STATES

No. 7318.

14 F.2d 747 (1926)

ILLINOIS CENT. R. CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

September 17, 1926.

Attorney(s) appearing for the Case

C. A. Helsell, of Ft. Dodge, Iowa (Helsell & Helsell, of Ft. Dodge, Iowa, William Baird & Sons, of Omaha, Neb., and W. S. Horton and E. C. Craig, both of Chicago, Ill., on the brief), for plaintiff in error.

James O. Tolbert, Sp. Asst. U. S. Atty., of Washington, D. C. (James C. Kinsler, U. S. Atty., and George A. Keyser, Asst. U. S. Atty., both of Omaha, Neb., on the brief), for the United States.

Before STONE and LEWIS, Circuit Judges, and SYMES, District Judge.

SYMES, District Judge.

The Safety Appliance Act (Comp. St. §§ 8605, 8614) makes it unlawful for a common carrier engaged in interstate commerce to run any train in such traffic without a sufficient number of the cars thereof being equipped with train brakes, so that the speed can be controlled without the use of hand brakes. An order of the Interstate Commerce Commission, made pursuant to authority vested in it by the same act, requires that 85 per cent...

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