Legal Opinion

Atchison, T. & S. F. Ry. Co. v. United States

Court of Appeals for the Ninth Circuit

Decided May 21, 1918No. 3079Published

In "Error to the District Court of the United Steles for the Southern Division of the Southern District of California; Robert S. Bean, Judge. Action by the United States against the Atchison, Topeka. & Santa Pé Railway Company to recover for penalties for violation of the Hours of Service Act (Act March 4, 1907, c. 2939, 34 Slat. 1415 [Comp. St. 1916, §§ 8677-8680]). From the judgment, defendant brings error.

1Opinion of the Court

GILBERT, Circuit Judge.

The court below instructed the jury at the dose of the testimony to return a verdict for the United States upon 16 counts in an action to recover penalties for violations of the federal Hours of Service Daw. The counts are in three groups: First, as to the crew in charge of a train which ran from Bakersfield to Barstow; second, as to the train crew on a train running from Needles to Barstow; and, third, as to the train crew on a train running from *262Barstow to Needles. In the first group the excess of hours of service was 2 hours and 15 minutes, and in the second and…

2Cases cited11 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
  2. Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1917
  3. United States v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1913
  4. United States v. Houston Belt & Terminal Ry. Co.Court of Appeals for the Fifth Circuit · 1913
  5. Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1914

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