Legal Opinion

New York Cent. & H. R. R. Co. v. United States

Court of Appeals for the Second Circuit

Decided March 10, 1913No. 177PublishedCited by 3 opinions

In Error to the District Court of the United States for the' Western District of New York; John R. Hazel, Judge. Action by the United States agáínst the New York Central & Hudson River Railroad Company to recover a penalty for violation of the Twenty-Eight Hour Daw (Act Cong. June 29, 1906, c. 3594, §§ 1, 3, 34 Stat. 607, 608 [U. S. Comp. St. Supp. 1911, pp. 1341, 1342]). Judgment for the United Statels, and defendant brings error. Affirmed.

1Opinion of the Court

WARD, Circuit Judge.

Two cars loaded with horses were shipped from Girard, Kan., consigned to shippers’ order at the defendant’s stockyard in East Buffalo. The routing was via the St. Louis & San Francisco Railroad Company to Kansas City, thence by the Wabash Railroad Company through Missouri, Indiana, Iowa, Michigan, and Canada, to Black Rock, Buffalo, where the cars were received by the defendant to be transported to destination, a distance of seven miles. The Wabash Company did not unload the horses for food, water, and rest between Peru, Ind., and Black Rock, a period of 38 hours and 55…

2Cases cited1 opinion

  1. United States v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1911

3Cited by3 opinions

  1. Grand Trunk Western Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1918
  2. United States v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1918
  3. United States v. New York Cent. & H. R. R.District Court, N.D. New York · 1915

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