Chicago & N. W. Ry. Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, J udge. Action by the Lhuied States against the Chicago & Northwestern Railway to recover penalties under the Hours of Service Act. From a judgment for the United States, defendant brings error.
1Opinion of the Court
MACK, Circuit judge.
The facts in this case differ but little from those in C., R. I. & P. Ry. Co. v. United States (No. 2228) 226 Fed. 27, - C. C. A. -, just decided, and are practically identical with those in United States v. Houston, B. & T. Ry. Co., 205 Fed. 344, 125 C. C. A. 481 (C. C. A., 5th Circuit). The employes in question arc towermeo, whose principal duty is to operate the levers. The communications by telephone were concededly orders pertaining to train movements, though not technically train orders.
For the reasons stated in C., R. I. & P. Ry. Co. v. U. S., the judgment is…
2Cases cited2 opinions
- United States v. Houston Belt & Terminal Ry. Co.Court of Appeals for the Fifth Circuit · 1913
- Chicago, R. I. & P. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
3Cited by2 opinions
- United States v. Pennsylvania R.District Court, E.D. Pennsylvania · 1917
- Chicago & A. R. v. United StatesCourt of Appeals for the Seventh Circuit · 1917