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UNITED STATES v. NEW YORK CENT. R. CO.

Civ. No. 1273.

70 F.Supp. 761 (1946)

UNITED STATES v. NEW YORK CENT. R. CO.

District Court, N. D. New York.

September 4, 1946.

Attorney(s) appearing for the Case

Irving J. Higbee, U. S. Atty., of Syracuse, N. Y. (T. Joseph Coffey, of Auburn, N. Y., of counsel), for plaintiff.

Hiscock, Cowie, Bruce, Lee & Mawhinney, of Syracuse, N. Y. (Gerald H. Henley, of Syracuse, N. Y., of counsel) for defendant.

BRENNAN, District Judge.

The plaintiff bases this action upon the provisions of the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16. The facts are not in dispute and may be briefly summarized as follows:

The defendant, hereinafter referred to as the "Central" is a common carrier engaged in interstate commerce by railroad, and maintains a line of railroad track from the village of DeWitt, New York to the village of Rotterdam Junction, New York, where it...

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