United States v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Northern District of Iowa; Henry Thomas Reed, Judge. Action by the United States against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
STONE, Circuit Judge.
Violation of Twenty-Eight Hour Law. Without any 36 hour release clause, the initial carrier transported the cattle for more than 35 hours and delivered them to defendant in error, which continued the shipment for 221/2 hours. At no time were the cattle unloaded.
The case was cast upon a special demurrer, based solely upon the ground:
•‘That the petition shows-upon its face that said, stock was confined in the car for more than the statutory period prior to the time that they came into the possession and control of the defendant, and the crime, if any there was committed,…
2Cases cited9 opinions
- St. Joseph Stockyards Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- United States v. Stockyards Terminal Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- United States v. Northern Pac. Terminal Co.U.S. Circuit Court for the District of Oregon · 1909
- St. Louis Merchants' Bridge Terminal Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1913
- United States v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lynn v. MellonAlabama Court of Appeals · 1930
- United States v. Cleveland, C., C. & St. L. Ry. Co.District Court, N.D. Ohio · 1920