United States v. Great Northern Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Western District of Wisconsin; A. L. Sanborn, Judge. Action for statutory penalties by the United States against the Great Northern Railway Company. Judgment for defendant, and the United States brings error.
Read the full summary
In Error to the District Court of the United States for the Western District of Wisconsin; A. L. Sanborn, Judge. Action for statutory penalties by the United States against the Great Northern Railway Company. Judgment for defendant, and the United States brings error. This action was brought to recover penalties for ten alleged violations of the Hours of Service Act. 34 Stat. D. 1415. So far as trainmen are concerned, Congress enacted in section 2 that no common carrier should require or permit any such employ.6 to be or remain on duty for a longer period than 16 consecutive hours, and…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] By subsequently amending its complaint plaintiff waived its exception to the ruling that required the amendment; and if the record were otherwise free from error, we should not take up this question of pleading. But since a new trial must be ordered on account of errors duly preserved for review, we deem it proper to put plaintiff in position to move the trial court to strike .out the amendment.
[2] The principle (for the rule is not a mere artificiality) is this; If a statute puts an exception or limitation into the definition of duty, then a plaintiff,…
2Cases cited13 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- United States v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1913
- United States v. Kansas City Southern Ry. Co.District Court, W.D. Arkansas · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
- Grand Trunk Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- Indianapolis & Cincinnati Traction Co. v. MonfortIndiana Court of Appeals · 1923
- United States v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1917
- Delano v. United StatesCourt of Appeals for the Seventh Circuit · 1915
6 more not listed; retrieve them via the Exa API.