45 U.S.C. § 9
[Separability]. If any provision of this joint resolution or the application thereof is held invalid, the remainder of this joint resolution and the application of such provision to other parties or in other circumstances not held invalid shall not be affected thereby.”
Notes of Decisions
Cited in 37
cases, 1927–1991 · leading case: United States v. Toledo, Peoria & W. R.R., 280 F. Supp. 243 (N.D. Ind. 1968).
United States v. Toledo, Peoria & W. R.R., 280 F. Supp. 243 (N.D. Ind. 1968). “In these actions, the Government seeks to recover statutory penalties of $250 each for alleged violations of 45 U.S.C. § 9 , which is also known as the Power or Train Brakes Safety Appliance Act of 1958.”
United States v. Seaboard Coast Line R.R. Co., 368 F. Supp. 1079 (M.D. Fla. 1973). “The Government contends that it can now be determined, as a matter of law, *1082 that after the expiration of forty-eight (48) months, freight cars with AB type air brake equipment must be shopped for the periodic attention required by the Act ( 45 U.S.C. § 9 , as amended) and…”
Max D. Erskine v. Consol. Rail Corp., 814 F.2d 266 (6th Cir. 1987). “45 U.S.C. § 9 . The percentage has been increased to eighty-five percent.”
United Transp. Union v. Drew Lewis, Sec'y of Transp., 711 F.2d 233 (D.C. Cir. 1983). “531 (1893), codified at 45 U.S.C. § 9 ; United States v. Chesapeake & Ohio Ry.”
S. Pac. Transp. Co. v. United States, 462 F. Supp. 1193 (E.D. Cal. 1978). “For example, Southern Pacific contends that the United States violated 45 U.S.C. § 9 , one of the Safety Appliance Acts known as the Federal Power Brake Law.”
New York, New Haven & Hartford R. Co. v. Leary, 204 F.2d 461 (1st Cir. 1953). “” j ’ 45 U.S.C.A. § 9 provides in part: “Number of oars to be operated with power or train brakes; increase of number “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…”
United States v. Monongahela Connecting R.R. Co., 351 F. Supp. 696 (W.D. Pa. 1972). “2 It should be noted that 45 U.S.C. § 9 requires that not less than 50 per cent of the cars in a train have operational brakes, 3 but that the Secretary of Transportation 4 may increase the minimum percentage.”
United States v. Guy A. Thompson, Tr., Missouri Pac. R.R. Co., 252 F.2d 6 (8th Cir. 1958). “7, Hold Yard, to Tie Plant, in and about North Little Rock, Arkansas, * * * when none of the cars * * * had their brakes used and operated by the engineer of the locomotive drawing said train,” contrary to 45 U.S.C.A. § 9 and the order of the Interstate Commerce Commission of…”
Carbon Cnty. Ry. Co. v. United States, 309 F.2d 938 (10th Cir. 1962). “86, 45 U.S.C.A. § 9 , incorporates a report of the Interstate Commerce Commission, which contains this language : “Since almost all cars are now equipped with power or train brakes, all such cars associated together must have their brakes used and operated.”
Hendrick v. CSX Transp., Inc., 575 So. 2d 709 (Fla. 1st DCA 1991). “” 45 U.S.C.A. § 9 provides in pertinent part: "Whenever, as provided in sections 1 to 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 shall have their brakes used and operated by the engineer of the…”
St. Johnsbury & Lamoille Cnty. R.R. v. Canadian Pac. Ry. Co., 341 F. Supp. 1368 (D. Vt. 1972). “Under the view of the law taken here, the defendant’s arguments based on the regulations promulgated pursuant to The Power or Train Brakes Safety Ap *1374 pliance Act of 1958, 45 U.S.C. § 9 (1970), 7 need not be reached.”
United States v. N. Pac. Ry. Co., 77 F.2d 587 (9th Cir. 1935). “943 , 45 USCA § 9), as modified by the order of the Interstate Commerce Commission of June 6, 1910, a carrier is bound to have a minimum of 85 per cent, of the cars in a train equipped with power or train brakes used and operated by the engineer and all power-braked cars which…”
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