UNITED STATES v. FORT WORTH & DENVER CITY RY. CO.

No. 848.

21 F.Supp. 916 (1937)

UNITED STATES v. FORT WORTH & DENVER CITY RY. CO.

District Court, N. D. Texas, Amarillo Division.

July 14, 1937.


Attorney(s) appearing for the Case

Clyde O. Eastus, U. S. Atty., and Frank B. Potter, Asst. U. S. Atty., of Fort Worth, Tex., and M. C. List, Atty. for the Interstate Commerce Commission, Bureau of Safety, of Washington, D. C., for the United States.

Thompson & Barwise, of Fort Worth, Tex., and Morgan, Culton, Morgan & Britain, of Amarillo, Tex., for defendant.


JAMES C. WILSON, District Judge.

This is an action to recover a penalty brought under the Safety Appliance Act in which the government alleged that the defendant, which was engaged in interstate commerce, operated over its railroad, a highway of interstate commerce, a locomotive engine designated as a Browning steam locomotive crane, which was not equipped with a power driving wheel brake.

The parties waived a jury, and agreed that the cause be submitted to...

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