Legal Opinion

Baltimore & O. S. W. R. v. United States

Court of Appeals for the Sixth Circuit

Decided May 18, 1917No. 2959PublishedCited by 19 opinions

In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Action for statutory penalties by the United States against the Baltimore & Ohio Southwestern Railroad Company. Judgment for the United States, and defendant brings error.

1Opinion of the Court

SANFORD, District Judge.

This action was brought by the United States to recover from the Railroad Company penalties for alleged *422violations of the Federal Safety Appliance Acts. The defendant answered the first cause of action alleged in the petition. A demurrer to this answer was sustained; and, the defendant not desiring to plead further, judgment was rendered against it for the statutory penalty, with costs; which judgment it now seeks to review under its writ of error.

The single question presented is whether, as a matter of law, the answer set forth a valid defense to the cause of action…

2Cases cited11 opinions

  1. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
  2. United States v. DicksonSupreme Court of the United States · 1841
  3. Ryan v. CarterSupreme Court of the United States · 1876
  4. Great Northern Railway Co. v. OtosSupreme Court of the United States · 1915
  5. Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1913

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. American Can Co. v. Ladoga Canning Co.Court of Appeals for the Seventh Circuit · 1930
  2. Chicago & North Western Railway Co. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Iowa · 1959
  3. Gooch Milling & Elevator Co. v. CommissionerCourt of Appeals for the Eighth Circuit · 1943
  4. Hawkeye Portland Cement Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1924
  5. Brady v. Wabash Railway Co.Supreme Court of Missouri · 1932

14 more not listed; retrieve them via the Exa API.

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