Legal Opinion

Chicago, R. I. & P. Ry. Co. v. United States

Court of Appeals for the Eighth Circuit

Decided October 28, 1918No. 5046PublishedCited by 8 opinions

In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Proceeding by the United States of America against the Chicago, Rock Island & Pacific Railway Company for violation of the Hours of Service Act. There was a judgment for the United States, and defendant brings error.

1Opinion of the Court

HOOK, Circuit Judge.

The railway company was held by the trial court to have violated section 2 of the Hours of Service Act of March 4, 1907 (34 Stat. 1415, c. 2939 [Comp. St. 1916, § 8678]), by requiring or permitting a telegraph operator in one. of its day and night stations to remain on duty more than 9 hours in a 24-hour period. On November 25, 1913, the operator went on duty at 2'p. m. and left at 11:40 p. m., but in the meantime had been absent an hour for supper. The question in the case depends upon the conditions of his absence for supper, and is whether the time should be deducted…

2Cases cited1 opinion

  1. Missouri, Kansas & Texas Railway Co. v. United StatesSupreme Court of the United States · 1913

3Cited by8 opinions

  1. Johnson v. Dierks Lumber & Coal Co.Court of Appeals for the Eighth Circuit · 1942
  2. Travis v. RayDistrict Court, W.D. Kentucky · 1941
  3. Gordon v. Paducah Ice Mfg. Co.District Court, W.D. Kentucky · 1941
  4. Burns v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1943
  5. Skidmore v. Swift & Co.District Court, N.D. Texas · 1942

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