Legal Opinion

Oregon-Washington R. & Nav. Co. v. United States

Court of Appeals for the Ninth Circuit

Decided May 21, 1913No. 2,237PublishedCited by 12 opinions

In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action by the United States against the Oregon-Washington Railroad & Navigation Company to recover a penalty for violating the 28-hour law. Judgment for the United States, and defendant brings error.

1Opinion of the Court

WOLVERTON, District Judge.

This is an action by the government against the Oregon-Washington Railroad & Navigation Company, under the 28-hour law, to recover a penalty for confining a consignment of hogs in a car while in transit for more than 36 hours without unloading in a humane manner. The only question presented for determination arises upon a motion made at the close of plaintiff’s testimony for a nonsuit, and another at the close of all the testimony for a directed verdict in favor of the defendant.-

The hogs were consigned by John Daubert, as shipper, to Mahoney Bros., Wallace, Idaho.…

2Cases cited4 opinions

  1. St. Louis & S. F. R. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  2. New York Cent. & H. R. R. v. United StatesCourt of Appeals for the First Circuit · 1908
  3. Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  4. United States v. Union Pac. R. Co.Court of Appeals for the Eighth Circuit · 1909

3Cited by12 opinions

  1. United States v. Illinois Central RailroadSupreme Court of the United States · 1938
  2. Riss & Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1958
  3. Rudolph Geib v. Otto Joens, Rudolph Geib v. John C. LeitzCourt of Appeals for the Ninth Circuit · 1960
  4. Chicago & N. W. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1916
  5. Oregon-Washington R. & Nav. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1913

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