Legal Opinion

Galveston, H. & S. A. R. Co. v. United States

Court of Appeals for the Fifth Circuit

Decided December 20, 1910No. 1,949Published

In Error to the District Court of the United States for the Western District of Texas. Action by the United States against the Galveston, Harrisburg & San Antonio Railway Company. Judgment for the United States, and defendant-brings error.

1Per curiam

The question is whether, on the evidence admitted in the case without objection, the trial judge erred in directing a verdict for 'the United States, thus taking away from the jury the right to pass upon the sufficiency of the excuses proved in the case.

That the duty of railroads engaged in interstate commerce to comply with statutes in regard to safety appliances is absolute, and in suits by the United States for penalties thereunder no excuses are sufficient, is held in Atlantic Coast Line R. Co. v. United States, 168 Fed. 175, 94 C. C. A. 35; United States v. Wabash R. Co. (7th Circuit)…

2Cases cited7 opinions

  1. United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1908
  2. Chicago, M. & St. P. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1908
  3. United States v. Denver & R. G. R. Co.Court of Appeals for the Eighth Circuit · 1908
  4. Chicago, B. & Q. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  5. Atlantic Coast Line R. v. United StatesCourt of Appeals for the Fourth Circuit · 1909

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