tracks, all of which are used to serve the Edgar Thomson Works.
16. The movement of the forty-four cars from G trestle to Valley Inbound yard was not in transfer service as that phrase is understood by railroad men.
The cars that are handled from day to day from G trestle to Valley Inbound yard go to various places from that yard. The coke racks stay on defendant's line and are returned by main line crews of the defendant over main line tracks to Clairton for loading. The Bessemer and Lake Erie hoppers are delivered by other main line crews over defendant's main line to North Bessemer for further handling by Bessemer and Lake Erie Railroad. Cars that have come from the Pennsylvania Railroad, the Baltimore and Ohio Railroad or the Pittsburgh & Lake Erie Railroad are returned to them by main line crews. Cars requiring repairs are taken to the shop track in Bessemer Yard. Other cars remain in Bessemer Yard and are taken into the mill for further service.
17. The essential nature of the work being performed was an industrial switching operation within a part of the Bessemer Yard.
Conclusions of Law.
1. The Court has jurisdiction of the parties and the subject matter.
2. The Union Railroad Company is a common carrier within the meaning of the Safety Appliance Act of 1903, and is subject to the provisions of Section 2 of that Act (45 U.S.C.A. § 9), as modified by the Interstate Commerce Commission in its order of June 6, 1910.
3. The movement of forty-four empty cars from G trestle to the Valley Inbound yard on January 18, 1957, was a switching operation and not a train movement within the meaning of the Safety Appliance Act, and defendant was not required to have air in 85% of the cars.
4. The complained of move was not in violation of the Safety Appliance Act and the case will be dismissed.
And Now, to wit, this 12th day of March, 1957, it is ordered and directed that judgment be entered in favor of the defendant, Union Railroad Company.
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