Erie R. v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York; John R. Hazel, Judge. Action by the United States against the Erie Railroad Company to recover a penalty for violation of the 28-hour law, on account of the alleged confinement of a shipment of four car loads of cattle for a period in excess of 36 hours in cars which did not provide space or opportunity for the animals to rest.
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In Error to the District Court of the United States for the Western District of New York; John R. Hazel, Judge. Action by the United States against the Erie Railroad Company to recover a penalty for violation of the 28-hour law, on account of the alleged confinement of a shipment of four car loads of cattle for a period in excess of 36 hours in cars which did not provide space or opportunity for the animals to rest. Judgment for plaintiff (191 Eed. 941), and defendant brings error.
1Opinion of the Court
LACOMBE, Circuit Judge.
The action is brought under the so-called 28-hour law of 1873 (Act March 3, 1873, c. 252, 17 Stat. 584; Act June 29, 1906, c. 3594, 34 Stat. 607 [U. S. Comp. St. Supp. 1909, p. 1178]), entitled “An act to prevent cruelty to animals while in transit by railroad, etc.,” which provides that cattle, sheep, etc., shall not be confined in railroad cars for a longer period than 28 consecutive hours (or upon written request of the owner 36 consecutive hours) without unloading the same in a humane manner into properly equipped pens for rest, water, and feeding for a period of at…
2Cited by3 opinions
- Northern Pac. Ry. Co. v. FinchDistrict Court, D. North Dakota · 1915
- United States v. Boston & M. R. R.Court of Appeals for the First Circuit · 1941
- United States v. PowellCourt of Appeals for the Fourth Circuit · 1933