UNITED STATES v. ATCHISON, T. & S. F. RY. CO.

No. 11237.

156 F.2d 457 (1946)

UNITED STATES v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

June 29, 1946.


Attorney(s) appearing for the Case

Theron L. Caudle, Asst. Atty. Gen., Leo Meltzer, Attorney, Dept. of Justice of Washington, D. C., and Frank J. Hennessy, U. S. Atty., of San Francisco, Cal. (James O. Tolbert, Sp. Asst. to U. S. Atty., of Washington, D.C., of counsel), for appellant.

J. C. Gibson, and Charles L. Ewing, both of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The United States appeals from a judgment holding appellee free from liability in a civil action brought under the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16.

The complaint contained four causes of action and sought judgment in the amount of $400. Each count related to the hauling or use of a freight car which was admittedly defective within the meaning of the Act. The cars had been placed by other carriers on the interchange...

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