United States v. New York Central Railroad

TIMBERS, District Judge*

QUESTION PRESENTED

In this civil action brought by the United States against The New York Central Railroad Company to recover penalties totalling $3,000, pursuant to the Hours Of Service Act, 45 U.S.C. §§ 61-64 (1964),1 arising out of work per*535formed by six employees of defendant— concededly members of the crew of a wrecking train — during a period exceeding 16 consecutive hours on December 6 and 7, 1965, the question presented is whether defendant is exempt from the provisions of the Act by virtue of the last proviso clause of 45 U.S.C. § 63 (1964) which reads,…