United States v. Detroit, Toledo & Ironton Railroad Company

WEICK, Circuit Judge.

The United States filed its complaint in the District Court against Detroit, Toledo & Ironton Railroad Company to recover a penalty alleging that the railroad violated the Hours of Service Act, 45 U. S.C. §§ 61-64 by allowing one of its trainmen, Donald W. Baden, to work more hours than the statute permitted. The case was tried by the District Judge, without a jury resulting in a judgment in favor of the Government for $500 from which this appeal was taken.

The pertinent provision of the statute which the Government claimed was violated by the railroad is as follows:

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