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UNITED STATES v. SEABOARD AIR LINE RAILROAD COMPANY

No. 7534.

258 F.2d 262 (1958)

UNITED STATES of America, Appellant, v. SEABOARD AIR LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 30, 1958.

Opinion July 10, 1958.

Attorney(s) appearing for the Case

Edwin J. Slipek, Asst. U. S. Atty., Richmond, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., and Henry L. Hilzinger, Atty., Interstate Commerce Commission, Washington, D. C., on the brief), for appellant.

Lewis Thomas Booker and Eppa Hunton, IV, Richmond, Va. (Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on the brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and WILLIAMS, District Judge.

Opinion of Circuit Judge Sobeloff Filed July 10, 1958.

HAYNSWORTH, Circuit Judge.

This is a proceeding under § 6 of the Safety Appliance Act (45 U.S.C.A. § 6) to collect the statutory penalties for violations of the Act. The violations are said to have occurred when, on four occasions, the railroad moved cars without coupling their brakes so that they could be operated by the engineer. It is admitted that, in each instance, the only operable brakes...

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