Atlantic Coast Line R. v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of North Carolina, at Wilmington. This was an action brought by the United 'States to recover 45 penalties of $100 each for violations of Act March 2, 1893, c. 196, 27 Stat. 531 (U. S. Comp. St. 1901, p. 3174), known as the “Federal Safety Appliance Act,” as amended by Act April 1, 1896, c. 87, 29 Stat. 85, and Act March 2, 1903, c. 976, 32 Stat. 943 (U. S. Comp.
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In Error to the District Court of the United States for the Eastern District of North Carolina, at Wilmington. This was an action brought by the United 'States to recover 45 penalties of $100 each for violations of Act March 2, 1893, c. 196, 27 Stat. 531 (U. S. Comp. St. 1901, p. 3174), known as the “Federal Safety Appliance Act,” as amended by Act April 1, 1896, c. 87, 29 Stat. 85, and Act March 2, 1903, c. 976, 32 Stat. 943 (U. S. Comp. St. Supp. 1907, p. 885). The complaint alleges that the defendant is a common carrier engaged in interstate commerce by railroad, and is a corporation…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). From an inspection of the record it appears that the plaintiff in error assigns nine grounds of demurrer, but only two of the grounds of demurrer thus assigned are relied upon in this court, the first being that the complaint is vague and indefinite in that it alleges that the violation occurred “on or about” a particular date. The court below, in passing upon this point, held that a pleading in a civil suit need not be as specific in alleging dates as in a criminal proceeding, where prosecution is by indictment.
In matters of practice and pleading the…
2Cases cited31 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
26 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chesapeake & O. Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1915
- Chicago, B. & Q. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Chesapeake & O. Ry. Co. v. CharltonCourt of Appeals for the Fourth Circuit · 1917
- Norfolk & W. Ry. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1910
- The Alabama Great Southern Railroad Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
5 more not listed; retrieve them via the Exa API.