United States v. Philadelphia & R. Ry. Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action by the United States against the Philadelphia & Reading Railway Company for violation of the Twenty-Eight Hour Daw. There was a judgment for defendant, and the United States brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
This case involves two cars of live stock, and was heard and decided by the District Court at the same time as the three cases we have just disposed of on the railway’s writ of error. 247 Fed. 466.
The undisputed facts show that the shipment included five cars, three of which were placed on the consignee’s siding at 6:20 a. m., February 16, 1916, so nearly within the 36 hours permitted by the statute that the government claimed no penalty in respect of these. *470The platform could only accommodate three cars, and the other two, while remaining coupled, were not placed…
2Cases cited1 opinion
- Philadelphia & R. Ry. Co. v. United StatesCourt of Appeals for the Third Circuit · 1918
3Cited by5 opinions
- Philadelphia & R. Ry. Co. v. United StatesCourt of Appeals for the Third Circuit · 1918
- United States v. Boston & M. R. R.Court of Appeals for the First Circuit · 1936
- United States v. Boston & M. R. R.Court of Appeals for the First Circuit · 1936
- United States v. Boston & M. R. R.District Court, D. Massachusetts · 1937
- United States v. New York Cent. R. R.Court of Appeals for the First Circuit · 1941