United States v. Boston & M. R. R.

BINGHAM, Circuit Judge.

This is an action at law brought by the United States against the Boston & Maine Railroad in the District Court for Massachusetts to recover certain penalties prescribed by section 3 of the Act of June 29, 1906 (chapter 3594, 34 Stat. 607), due to, the defendant’s alleged violations of section 1 of the act (sections 71, 73, title 45 U. S.C.A.).

These sections read as follows:

“Sec. 1. * * * No railroad * * * whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed from one State or Territory or the District of…