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UNITED STATES v. STATEN ISLAND RAPID TRANSIT RY. CO.

Civ. A. 13987.

151 F.Supp. 911 (1957)

The UNITED STATES of America, Plaintiff, v. The STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, Defendant.

United States District Court E. D. New York.

June 14, 1957.

Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for the United States, by Myron Friedman, Asst. U. S. Atty., Long Beach, N. Y., and Henry L. Hilzinger, Atty. Interstate Commerce Comm., Washington, D. C., of counsel.

Robert Schwebel, and John C. Avery, New York City, for defendant, by John C. Avery, New York City.

BYERS, District Judge.

This cause involves an alleged breach of the Safety Appliance Act, 45 U.S.C.A. § 1 et seq., on the part of the defendant in connection with a movement of freight cars in its St. George Yard on Staten Island on September 16, 1953; the question for decision is whether that operation was so conducted as to incur the penalty which the Government seeks to exact, by reason of the failure of the defendant to cause the air brake system to be coupled...

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