Denver, & I. Ry. Co. v. United States
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. Action by the United States against the Denver & Interurban Railway Company. There was a judgment for plaintiff, and defendant brings error. The plaintiff in error was sued to recover a penalty for the violation of the act of Congress known as the “Hours of Service Act,” of March 4, 1907 (34 Stat. 1415, c. 2939; Comp.
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In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Action by the United States against the Denver & Interurban Railway Company. There was a judgment for plaintiff, and defendant brings error. The plaintiff in error was sued to recover a penalty for the violation of the act of Congress known as the “Hours of Service Act,” of March 4, 1907 (34 Stat. 1415, c. 2939; Comp. St. 1913, §§ 8677-8680). The allegations in the complaint are that the defendant, a common carrier engaged in interstate commerce by railroad in the state of Colorado,…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The contention of the plaintiff in error is that neither the defendant, nor its employé, I. R. Ream, were engaged in interstate commerce, and therefore not subject to the requirements of the act of Congress, for the violation of which the penalty sought to be recovered by this action was assessed. Another ground upon which the plaintiff in error relies is that even if the defendant was engaged in interstate commerce at times, and the telegrapher was also so engaged at times, neither of them was engaged in interstate commerce on the day that the statute is…
2Cases cited8 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
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3Cited by3 opinions
- United States v. Village of HubbardSupreme Court of the United States · 1925
- United States v. Colorado, W. & E. RY. CO.Court of Appeals for the Eighth Circuit · 1923
- United States v. Village of HubbardSupreme Court of the United States · 1925