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UNITED STATES v. SOUTHERN RAILWAY COMPANY

Civ. No. 2185.

226 F.Supp. 745 (1964)

UNITED STATES of America, Plaintiff, v. SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court W. D. North Carolina, Asheville Division.

Decided February 24, 1964.

Attorney(s) appearing for the Case

William Medford, U. S. Atty., Asheville, N. C., and Henry L. Helzinger and J. Thomas Murphy, Attys., Interstate Commerce Commission, Washington, D. C., for plaintiff.

George H. Ward, Asheville, N. C., Wiley F. Mitchell, Jr., and James L. Granum, Washington, D. C., and William T. Joyner and Walton K. Joyner, Raleigh, N. C., for defendant.

CRAVEN, Chief Judge.

This is an action brought by the United States at the request of the Interstate Commerce Commission to recover civil penalties for violations of the Safety Appliance Act.1

Both plaintiff and defendant have filed motions for summary judgment. The evidentiary facts are not in dispute. Briefly stated,2 the Southern Railway Company began a program on February 4, 1963, intended to make...

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