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UNITED STATES v. DENVER & RIO GRANDE WESTERN R. CO.

No. C-51-59.

175 F.Supp. 662 (1959)

UNITED STATES of America, Plaintiff, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Defendant.

United States District Court D. Utah, Central Division.

July 11, 1959.

Attorney(s) appearing for the Case

A. Pratt Kesler, U. S. Atty., for Dist. of Utah, William J. Adams, Asst. U. S. Atty., Salt Lake City, Utah, for plaintiff.

Grant Macfarlane, Jr. (of Van Cott, Bagley, Cornwall & McCarthy), Salt Lake City, Utah, for defendant.

CHRISTENSON, District Judge.

The Government seeks enforcement of the statutory penalty against the defendant railroad company for allegedly hauling or using on its line a car which was out of repair or not properly equipped, relying upon 45 U.S.C.A. § 13 and other provisions of the Safety Appliance Acts referred to therein. 45 U.S.C.A. §§ 1 to 16, inclusive. The case has been submitted for decision upon an agreed statement of facts. Union Pacific Railroad...

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