UNITED STATES v. BALTIMORE & O. R. CO.

No. 7236 Civil Action.

97 F.Supp. 921 (1951)

UNITED STATES v. BALTIMORE & O. R. CO.

United States District Court, W. D. Pennsylvania.

June 11, 1951.


Attorney(s) appearing for the Case

W. Wendell Stanton, Asst. U.S. Atty., Pittsburgh, Pa., James O. Tolbert, Interstate Commerce Commission, Washington, D. C., for plaintiff.

Vincent M. Casey, of Casey, Power & Savage, Pittsburgh, Pa., George C. Doering, Baltimore, Md., for defendant.


GOURLEY, Chief Judge.

This is a proceeding by the United States of America against The Baltimore and Ohio Railroad Company to recover penalties for alleged violation of Section 2 of the Federal Safety Appliance Act, 45 U.S. C.A. § 9.

The Act, as it relates to the question before the Court, provides: "Whenever, as provided in sections 1-7 of this title, any train is operated with power or train brakes not less than 50 per centum of the cars in such train...

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