Legal Opinion

Baltimore & O. R. v. United States

Court of Appeals for the Sixth Circuit

Decided May 8, 1917No. 2911PublishedCited by 8 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; John H. Clarke, Judge. Action by the United States against the Baltimore & Ohio Railroad Company for penalties. Judgment for the government, and defendant brings error.

1Opinion of the Court

DENISON, Circuit Judge.

In the court below, the government alleged that the defendant, the railroad company, had violated the Hours of Service Act (34 Stat. p. 1415) by keeping on duty more than 16 hours, jon December 25 and December 26, 1914, the crew of a freight train bound from Newark to Chicago Junction. The crew consisted of 2 engineers, 2 firemen, a conductor, and 2 brakemen. The defendant admitted that more than 16 hours service had been rendered by the employés, but claimed that the delays which caused the excessive service resulted from casualty, unavoidable accident, or the act of…

2Cases cited4 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1917
  2. San Pedro, L. A. & S. L. R. v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  3. Newport News & M. Val. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1894
  4. Atchison, T. & S. F. Ry. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1915

3Cited by8 opinions

  1. Evansville Container Corporation v. McDonaldCourt of Appeals for the Sixth Circuit · 1942
  2. Denver & R. G. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1920
  3. Gibson Canning Co. v. American Can Co.District Court, E.D. Illinois · 1932
  4. United States v. Colorado, W. & E. RY. CO.Court of Appeals for the Eighth Circuit · 1923
  5. United States v. DelanoCourt of Appeals for the Seventh Circuit · 1917

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