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ST. LOUIS SOUTHWESTERN RY. CO. OF TEXAS v. UNITED STATES

No. 5276.

29 F.2d 568 (1928)

ST. LOUIS SOUTHWESTERN RY. CO. OF TEXAS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 3, 1928.

Attorney(s) appearing for the Case

John J. King, J. Q. Mahaffey, and J. I. Wheeler, all of Texarkana, Tex. (E. B. Perkins, of Dallas, Tex., on the brief), for appellant.

Randolph Bryant, U. S. Atty., of Sherman, Tex., and James O. Tolbert, Special Asst. U. S. Atty., of Washington, D. C.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit to recover a penalty for hauling and using a defective railroad car, in violation of the Safety Appliance Act, as amended by section 4 of the Act of April 14, 1910, U. S. C. tit. 45, § 13 (45 USCA § 13).

Section 2 of the quoted act (45 USCA § 11) makes it unlawful for any common carrier subject to its provisions to haul or use any car not equipped with safety appliances. Section 4, which imposes a penalty...

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