CHICAGO & E. R. CO. v. UNITED STATES

No. 3913.

22 F.2d 729 (1927)

CHICAGO & E. R. CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 12, 1927.


Attorney(s) appearing for the Case

John E. Gavin, of Chicago, Ill. (Mitchell D. Follansbee and Clyde E. Shorey, both of Chicago, Ill., on the brief), for plaintiff in error.

James S. Hawley, for defendant in error.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.


PAGE, Circuit Judge.

The question raised is: Was the handling in question of its freight cars by the Erie Railroad, at Huntington, Ind., a switching operation, or was it a "train movement," within the meaning of section 2 of the Safety Appliance Act of March 2, 1903 (32 Stat. p. 943 [45 USCA § 9; Comp. St. § 8614])?

We are in serious doubt as to whether the record presents anything for review, but that question has not been raised by the parties...

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