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UNITED STATES v. GULF, MOBILE & OHIO R. CO.

Civ. No. 972, Civ. No. 973.

76 F.Supp. 289 (1948)

UNITED STATES v. GULF, MOBILE & OHIO R. CO. SAME v. NEW ORLEANS PUBLIC BELT RAILROAD.

District Court, E. D. Louisiana, New Orleans Division.

March 19, 1948.

Attorney(s) appearing for the Case

A. L. Ponder, Jr., Asst. U. S. Atty., of New Orleans, La., and James O. Tolbert, Atty., Interstate Commerce Commission, Sp. Asst. to the U. S. Atty., of Washington, D. C., for the Government.

John C. Foster (of Curtis, Hall & Foster), of New Orleans, La., for defendant Gulf, Mobile & Ohio R. Co.

Michel Provosty, of New Orleans, La., for defendant, New Orleans Public Belt Railroad.

WATSON, District Judge.

These two actions are brought by the United States under the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16. Specifically in question is the application of Section 2, which reads as follows: "It shall be unlawful for any common carrier engaged in interstate commerce by railroad to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which...

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