United States v. Missouri Pac. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit for statutory penalties by the United States against the Missouri Pacific Railway Company. Judgment sustaining demurrers to certain counts and overruling demurrers to other counts (235 Eed, 944), and each parly brings error.
1Opinion of the Court
GARLAND, Circuit Judge.
The United States bi ought this action against the Railway Company to recover penalties for violations of the Hours of Service Act (34 Stat. 1415). The complaint in 12 counts charged that the Railway Company permitted certain operators at Arlington, Boone, Sheridan Lake, and Haswell, Colo., to be and remain on duty for longer hours than allowed by law in any 24-hour period.
The Railway Company answered each count of the complaint except the fourth and ninth by pleading facts which it claimed consti*40tuted an emergency within the meaning of the law. As to counts 3, 4, 5, 7,…
2Cases cited8 opinions
- United States v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1911
- United States v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1913
- United States v. Missouri Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
- United States v. Southern Pac. Co.Court of Appeals for the Eighth Circuit · 1913
- Denver & R. G. R. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1916
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3Cited by4 opinions
- In re North Star Ice & Coal Co.District Court, E.D. Tennessee · 1918
- United States v. Atlanta Terminal Co.District Court, N.D. Georgia · 1929
- United States v. Northern Pac. Ry. Co.District Court, D. Montana · 1934
- United States v. Alabama, Tennessee & Northern RailroadDistrict Court, S.D. Alabama · 1966