NETERER, District Judge.
The provisions of this act should be liberally construed to effectuate the obvious purpose of the Congress. Hines v. Smith (C. C. A.) 275 F. 766. The duty imposed is mandatory and absolute. Seaboard Air Line Railway Co. v. Gerow, 269 U.S. 584, 46 S.Ct. 121, 70 L. Ed. 425.
Section 23, title 45, USCA, makes it unlawful for the carrier to use any locomotive, etc., unless all its parts are in safe condition to operate in the service...
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