Legal Opinion

Delano v. United States

Court of Appeals for the Seventh Circuit

Decided January 5, 1915No. 2148PublishedCited by 8 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. ' Action by the United States against Frederick A. Delano, William K. Bixby, and Edward B. Pryor, receivers of the Wabash Railroad Company, to recover penalties. Judgment for the United States, and defendants bring error.

1Opinion of the Court

BAKER, Circuit Judge.

Plaintiffs in error, defendants below, were adjudged to have violated the Hours of Service Act. 34 Stat. L. 1415.

Plaintiff declared that defendants were engaged in operating a railroad in interstate commerce, and that they required a telegrapher, who was employed by them, in a day and night station to receive and deliver orders affecting train movements, to be on duty 11 hours and 30 minutes during each 24-hour period.

In a special plea defendants admitted all the averments of the declaration except the one respecting the service of the operator. Concerning that, they…

2Cases cited8 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. United States v. MooreSupreme Court of the United States · 1878
  3. Baltimore & Ohio Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  4. Heath v. WallaceSupreme Court of the United States · 1891
  5. Missouri, Kansas & Texas Railway Co. v. United StatesSupreme Court of the United States · 1913

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

3Cited by8 opinions

  1. Oregon Short Line R. v. United StatesCourt of Appeals for the Ninth Circuit · 1916
  2. United States v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1943
  3. United States v. Northern Pacific Railway Co.District Court, D. Minnesota · 1963
  4. United States v. Atlantic Coast Line Co.District Court, E.D. North Carolina · 1915
  5. United States v. Baltimore & O. R.District Court, D. Maryland · 1942

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