Legal Opinion
United States v. Delaware, L. & W. R.
District Court, N.D. New York
Decided July 8, 1913PublishedCited by 2 opinions
Action by the United States against the Delaware, Lackawanna & Western Railroad Company. Suit to recover a penalty of $500 for neglecting to unload, feed, and water cattle delivered to the Lake Shore & Michigan Southern Railroad Company for transportation and by that company turned over in the car containing them to the defendant, the Delaware, Lackawanna & Western Railroad Company. The facts are agreed upon and a jury trial waived.
1Opinion of the Court
RAY, District Judge.
The agreed facts are as follows:
"First. That a car loaded with 19 head of cattle and 4 head of calves, consigned to the order of L. Newhoff, at the city of Albany, by a consignor named O. E. Nixon, of Chicago, was delivered by the Lake Shore & Michigan Southern Railroad Company on December 14, 1910, to the Delaware, Lackawanna & Western Railroad Company, the defendant, at Buffalo, N. Y.
“Second. That said car was delivered as aforesaid and was received by the defendant upon a side track, which is called an interchange track, and which is a track set aside for the common use…
2Cases cited4 opinions
- St. Joseph Stockyards Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- United States v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1911
- United States v. St. Joseph Stockyards Co.District Court, W.D. Missouri · 1909
- United States v. Stockyards Terminal Co.U.S. Circuit Court for the District of Minnesota · 1909
3Cited by2 opinions
- United States v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1918
- People v. Southern Pacific Co.California Court of Appeal · 1962