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CHICAGO, ST. P., M. & O. RY. CO. v. UNITED STATES

No. 8486.

36 F.2d 670 (1929)

CHICAGO, ST. P., M. & O. RY. CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 13, 1929.

Attorney(s) appearing for the Case

Wymer Dressler, of Omaha, Neb. (Robert D. Neely, of Omaha, Neb., on the brief), for appellant.

Monroe C. List, Sp. Asst. to 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 with him), for appellee.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and MARTINEAU, District Judge.

MARTINEAU, District Judge.

The Chicago, St. Paul, Minneapolis & Omaha Railway Company, hereinafter called the railroad, was sued by the United States to recover a penalty for violating the Safety Appliance Act (45 USCA § 1 et seq.) and an order of the Interstate Commerce Commission, by operating in September, 1925, a train without complying with the requirement that 85 per cent. of the train brakes be coupled so as to be under engine control.

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