Legal Opinion

United States v. Southern Pac. Co.

Court of Appeals for the Ninth Circuit

Decided October 22, 1917No. 2790PublishedCited by 9 opinions

In Error to the District Court of the United States for the Southern Division, of the Southern District of California; Oscar A. Trippet, Judge. Action for statutory penalties by the United States against the Southern Pacific Company. Judgment for defendant, and the United States brings error.

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In Error to the District Court of the United States for the Southern Division, of the Southern District of California; Oscar A. Trippet, Judge. Action for statutory penalties by the United States against the Southern Pacific Company. Judgment for defendant, and the United States brings error. The United States brought an action against the Southern Pacific Company to recover penalties for violation of the federal Hours of Service Law (34 Stat. 1415). The complaint contained 30 counts, involving the hours of service of five train crews, each with six employes. The complaint alleged that the…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). The plaintiff assigns error to the refusal of the court below to instruct the jury to find for the plaintiff on each of the three groups of cases set forth in the complaint, and to the refusal of the plaintiff’s requested instruction.

It was shown that Colton is a division terminal, and that all freight trains were stopped at that station, and train and engine crews were *724relieved for the length of time of the necessary detention of trains for icing the refrigerator cars, and switching, making up, and breaking up of trains. This work was done by others than…

2Cases cited12 opinions

  1. Missouri, Kansas & Texas Railway Co. v. United StatesSupreme Court of the United States · 1913
  2. United States v. Chicago, M. & P. S. Ry. Co.District Court, E.D. Washington · 1912
  3. San Pedro, L. A. & S. L. R. v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  4. United States v. Great Northern Ry. Co.Court of Appeals for the Seventh Circuit · 1915
  5. Northern Pac. Ry. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1915

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Johnson v. Dierks Lumber & Coal Co.Court of Appeals for the Eighth Circuit · 1942
  2. Brotherhood of Locomotive Engineers v. Atchison Topeka & Santa Fe RailroadSupreme Court of the United States · 1996
  3. Gordon v. Paducah Ice Mfg. Co.District Court, W.D. Kentucky · 1941
  4. United Transportation Union v. SkinnerCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Great Northern Ry. Co.Court of Appeals for the Ninth Circuit · 1922

4 more not listed; retrieve them via the Exa API.

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