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UNITED STATES v. NORTHERN PAC. RY. CO.

Civ. No. 2160.

72 F.Supp. 528 (1947)

UNITED STATES v. NORTHERN PAC. RY. CO.

District Court, D. Minnesota, Fourth Division.

May 19, 1947.

Attorney(s) appearing for the Case

Victor E. Anderson, U. S. Atty., and Clifford F. Hansen, Asst. U. S. Atty., both of St. Paul, Minn., and Henry J. Vinskey, of Washington, D. C., for plaintiff.

L. B. daPonte and Reginald Ames, both of St. Paul, Minn., for defendant.

NORDBYE, District Judge.

The United States contends that a certain movement of cars in defendant's yards without cutting in the air constitutes a violation of the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. The defendant, conceding that it is engaged in interstate commerce, contends that the movement was a mere switch movement and hence not in violation of law. The essential facts are not in dispute. There were 47 cars in the movement. They were assembled on...

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