United States v. Pennsylvania R.

DICKINSON, District Judge.

This action is to recover the penalty for a noncompliance with the Hours of Service Act. The sole question may be characterized as one of law, involving the proper-construction of the act of Congress, or as an ultimate fact finding of whether the employés with whom the case concerns itself are engaged in the kind of train service defined in the act. The case was by agreement tried before the coui’t without the intervention of a jury, the right to a trial by jury having been waived. The stipulations entered into dispense with the necessity for any other findings than…