United States v. Kansas City Southern Ry. Co.
District Court, W.D. Arkansas
Action by the United States against the Kansas City Southern Railway Company. Verdict was directed for defendant. On motion by the plaintiff for new trial. “This is an action instituted by the government to recover penalties for violations of the act of Congress entitled “An act to promote the safety of employés and travelers upon railroads by limiting the hours of service of employés thereon,” approved March 4, 1907, c. 2939, 34 Stat. 1415 (U. S. Comp.
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Action by the United States against the Kansas City Southern Railway Company. Verdict was directed for defendant. On motion by the plaintiff for new trial. “This is an action instituted by the government to recover penalties for violations of the act of Congress entitled “An act to promote the safety of employés and travelers upon railroads by limiting the hours of service of employés thereon,” approved March 4, 1907, c. 2939, 34 Stat. 1415 (U. S. Comp. St. Supp. 1909, p. 1170). There are 25 counts, each one charging a violation of the 16-heur provision of that act. The offenses were…
1Opinion of the Court
TRIEBER, Dstirict Judge
(after stating the facts as above), f 1 ] The constitutionality of this act has been conclusively settled by the Supreme Court in Baltimore & Ohio R. R. Co. v. Interstate Commerce Commission, 221 U. S. 612, 31 Sup. Ct. 621, 55 L. Ed. 878. Therefore, the only questions of law left for determination are the construction of the provisions contained in the proviso of section 3 of the act, so far as the evidence applies to them. That proviso reads:
“Provided that the provisions of this act shall not apply in any case of casualty or unavoidable accident or the act of God; nor…
2Cases cited29 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- United States v. DicksonSupreme Court of the United States · 1841
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. David H. MooreCourt of Appeals for the D.C. Circuit · 1980
- Uncapher v. Baltimore & Ohio Rd. Co.Ohio Supreme Court · 1933
- United States v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1913
- Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914
18 more not listed; retrieve them via the Exa API.