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UNITED STATES v. TERMINAL RAILROAD ASS'N OF ST. LOUIS

May 24, 1967

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, DEFENDANT.



The opinion of the court was delivered by: Juergens, Chief Judge.

MEMORANDUM AND ORDER

These three cases have been consolidated for hearing and are brought under the provisions of Title 45 U.S.C.A. Sections 1-16, inclusive, commonly referred to as the Safety Appliance Act.

Case No. 66-25 contains twenty causes of action; twelve charge violation of 49 C.F.R. § 132.13(e)(1) and 49 C.F.R. § 132.12 and are in dispute.

Action No. 66-67 consists of five causes of action — one being admitted by the defendant, and the remaining four are in dispute and charge violations of 49 C.F.R. § 132.12.

Action 66-79 consists of one cause of action, a violation of 49 C.F.R. § 132.12.

49 C.F.R. § 132.12 provides in pertinent parts as follows:

    "All trains must be given inspection and test as
  specified by paragraphs (a) to (h) of this section at
  points: (1) Where a train is originally made up
  (Initial Terminal); (2) Where train consist is
  changed other than by adding or removing a solid
  block of cars and train brake system remains charged;
  (3) Where train is received in interchange."
  (Emphasis Supplied).

49 C.F.R. § 132.13 provides that transfer trains in yard train movements not exceeding 20 miles must have the air brake hose coupled between all cars and after the brake system is charged to not less than 60 pounds a 15 pound service brake pipe reduction must be made to determine that the brakes are applied on each car.

The gravamen involves movements of New York Central trains to the lower yard in East St. Louis, Illinois, by New York Central crews which were then replaced by Terminal Railroad Association crews. In the one instance, the train continued to the Missouri Pacific or Frisco lines in St. Louis, Missouri, and in the other case continued to the Missouri Pacific yards in Dupo, Illinois. Another movement involved a train consist which was received by Terminal Railroad at Missouri Pacific's yard in Dupo, Illinois. There the locomotive and caboose of Missouri Pacific were cut off and replaced by TRRA locomotive and caboose. The TRRA crew made the brake test required by 49 C.F.R. § 132.13(c)(1). The train was then moved over TRRA tracks and delivered to the Pennsylvania and B. & O. railroads.

Generally stated, the facts surrounding the New York Central movements are as follows: The New York Central trains originate in Indianapolis, Indiana. The train is there given the full initial terminal brake test prescribed by 49 C.F.R. § 132.12. It is then moved in a solid block destined for the Missouri Pacific yards or Frisco yards in St. Louis in one instance and the Missouri Pacific yards in Dupo, Illinois in the other instance. After the train is made up and the brake test made, it then moves from Indianapolis, Indiana to Mattoon, Illinois, where a crew change occurs — the Indianapolis crew being replaced by a crew from Mattoon, both employees of the New York Central. No brake test is made, nor is any required. The train bound for St. Louis then proceeds to East St. Louis, and upon reaching the New York Central yard limits, the road crew is relieved and replaced by a yard crew, all New York Central employees. The train then proceeds to the TRRA rails in East St. Louis, where the New York Central crew is relieved by a TRRA crew and the train, remaining intact, proceeds to its destination in St. Louis. The New York Central road crew on the train movement from Indianapolis to the Missouri Pacific yards in Dupo is replaced at the TRRA rails by a TRRA crew which moves the train to Dupo.

Testimony established that in 1964 the New York Central began assembling entire trains in Indianapolis destined for St. Louis and Dupo to be delivered from Indianapolis to the destination by the New York Central crews, but that union rules required TRRA crews to move all movements on TRRA tracks and that it was thus necessary to change the crews from New York Central to TRRA personnel to meet the union requirements.

The question the court must determine with regard to the New York Central movements is whether or not an interchange did in fact occur when the New York Central crew was replaced by the TRRA crew — the entire consist of the train otherwise remaining intact.

In Southern Railway Co. v. Louisville and Nashville R. Co., D.C., 185 F. Supp. 645, the term "interchange" was ...


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