JAMES C. WILSON, District Judge.
In this action to recover penalties under the Safety Appliance Act, the defendant has pleaded guilty to the first count in the plaintiff's petition. In the second count of the plaintiff's petition the allegations are:
"Defendant, on November 12, 1932, operated on its line of railroad, over a part of a highway of interstate commerce, one train, to wit: Its own No. 41, consisting of forty-one cars, drawn by its own locomotive...
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