DECISION AND ORDER FOR JUDGMENT
JAMES A. WALSH, Chief Judge.
The court concludes, as a matter of law, that the proviso contained in 45 U.S.C. § 13 does not apply to a train which contains cars with brakes that are defective at the time the train leaves the initial terminal, i. e., where the train is originally made up. In other words, a carrier who permits a train to depart the initial terminal when cars therein have defective brakes is subject to the...
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