Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-05
CANNOT USE HAND BRAKES
ON LONG COAL TRAINS
Far-Reaching Opinion Handed Down
by Circuit Court of
Appeals.
vIRGINIAN RAILWAY LOSES
Experts of Interstate Commerce Com
mission Regard Judge Knapp's De-
cision as One OF Most Far-Reach-
ing Entered in Years.

OF number OF important opinions
handed down yesterday by the United
States Circuit Court Of Appeals, prob
ably the most important and the most
far-reaching In its effect was the
opinion voiced by Judge Knapp, In re-
gard to the case of the United States
OF America against the Virginian Rail-
way Company. In which the decision
OF the district court at Lynchburg in
favor OF the plaintiff was affirmed.
This opinion directly affects all the
railroads operating in the United
States. and the decision Of the court
was awaited with interest throughout
the country.
The case involved the question as to
whether hand brakes may be used to
any extent in controlling the speed Of
freight trains. The safety appliance
act OF March 2. 1898. provides that all
freight cars constituting a train and
the locomotive drawing the train shall
be provided with train or power
brakes in order that the engineer may
regardless of the action OF inaction of
the brakeman. apply the brakes and
control the speed OF the moving train.
The point to be determined was
whether or not the use of the hand
brake had become unlawful with the
advent OF the train brakes.
SPEED LIMITED TO
FIVE MILES AN HOUR
Proceedings were instituted against
the Nirginian Railway Company for
alleged violation of the act on a sec
tion of the road between Goodview
and Huddleston. a distance of thirteen
miles. AT this point there is de-
scending grade to the east the direc-
tion of loaded movement. wl;h heavy
cuts and fills and numerous curves
The speed Mt one point on this section
is limited to five miles an hour and to
ten at certain other points. The COM
pany claimed that the air brakes were
found inefficient, for the reason that
the application of pressure necessary
to the desired end resulted almost in
"A standstill, and. II released before
the train came to stop. ii would
cause such jerking and surging as
to tear the cars asunder. The out
lawed hand brakes were recalled to
service to remedy these conditions, the
company believing that it was left to
its own discretion as to whether or not
1t should use them when confronted
by unusual conditions such as were
roadbed.
The road was constructed for the
purpose OF hauling coal at minimum
cost from the mining section of West
Virginia TO the Tidewater terminal
near Norfolk. and was graded for cars
of great length, train usually con-
sisting of 100 cars, of fifty four tons
capacity each. 1t was admitted that
the speed of trains of less length could
be controlled by the use Of the air and
locomotive power brakes only, and tho
court felt that the company itself was
directly responsible for the conditions
confronting IL. and must pay the
penalty prescribed by the statutes.
The court held that, just as tho
automatic coupler is designed to keep
tho employees OF the road from going
between the cars, so the object of tho
train brake was to keep them from
climbing to the top of the cars to set
and release the hand brakes.