United States v. Boston & M. R. R.

SWEENEY, District Judge.

This is an action for the recovery of a penalty provided in 34 Statutes at Large 607, 45 U.S.C.A. §§ 71-74, for the failure of the defendant carrier to comply with the terms of the act providing for the unloading of sheep in transit for rest, water, and feed every 28 hours.

The parties filed an agreed statement of facts from which the following findings of fact are made:

On December 10, 1932, at 5:20 p. m., the defendant received from another carrier at Mechanicville, N. Y., a consignment of 250 sheep which were loaded in a double-decked freight car for delivery in…