UNITED STATES v. SEABOARD A. L. R. CO.

No. 10.

361 U.S. 78 (1959)

UNITED STATES v. SEABOARD AIR LINE RAILROAD CO.

Supreme Court of United States.

Decided November 9, 1959.


Attorney(s) appearing for the Case

John F. Davis argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Wilkey, Beatrice Rosenberg and J. F. Bishop.

Eppa Hunton IV argued the cause for respondent. With him on the brief was Lewis Thomas Booker.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a suit for statutory penalties, instituted by the United States, charging respondent with the operation of four trains in violation of the Safety Appliance Act, 27 Stat. 531, as amended, 32 Stat. 943, 45 U. S. C. §§ 1, 6, 9. That Act requires every "train" moving in interstate traffic1 to have power brakes on not less than 50% of

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