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UNITED STATES v. QUINCY RAILROAD COMPANY

No. 19257.

338 F.2d 430 (1964)

The UNITED STATES of America, Appellant, v. QUINCY RAILROAD COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

November 18, 1964.

Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., Robert N. Ensign, Asst. U. S. Atty., San Francisco, Cal., Sidney Brodie, Dept. of Justice, Henry L. Hilzinger, Richard C. Davis, Interstate Commerce Commission, Washington, D. C., for appellant.

Robert R. Harlan, Sacramento, Cal., for appellee.

Before ORR, HAMLEY and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge.

Should Quincy Railroad Company, which employs three people and operates eight miles of track, pay a $250 civil penalty for a violation of the Locomotive Inspection Act alleged to have occurred on May 19, 1962? This is the question which the United States of America brings to us on appeal from a district court judgment for defendant, rendered after a full-blown trial including a pretrial order, the testimony of six witnesses, and proceedings...

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