Legal Opinion

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

District Court, S.D. California

Decided November 24, 1915No. 376PublishedCited by 4 opinions

At Law. Action by the United States of America against the Atchi-son, Topeka & Santa Fé Railway Company. On motion for directed verdict.

1Opinion of the Court

BEAN, District Judge.

[1, 2] The motion for a directed verdict in this case raises the question as to whether the defendant company has accounted by its testimony for the excess service. It is admitted that the crews on these several trains were actually on duty in excess of the time limited by the statute. The burden is therefore upon the defendant to show that that excess service was justified by the exception contained in this act. This act provides that it shall be unlawful for any common carrier, its officer or agent, subject to this act, to require or permit an employé subject to the act…

2Cases cited2 opinions

  1. San Pedro, L. A. & S. L. R. v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  2. United States v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1914

3Cited by4 opinions

  1. United States v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1917
  2. Indiana Harbor Belt Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  3. United States v. DelanoCourt of Appeals for the Seventh Circuit · 1917
  4. United States v. GeerDistrict Court, W.D. Pennsylvania · 1920

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