United States v. Stockyards Terminal Co.

WILLARD, District Judge.

This action is brought to recover a penalty under the act of June 29, 1906, entitled “An act to prevent cruelty to animals while in transit,” commonly called the “Twenty-Eight Hour Law” (34 Stat. 607, c. 3594 [U. S. Comp. St. Supp. 1907, p. 918]). The complaint states two causes of action ; but on the trial the case was dismissed as to the second cause of action, and as to the first it was heard upon an agreed statement of facts.

A shipment of five car loads of cattle was loaded at Lavina, Mont., at 11. p. m. July 31, 1908, consigned to the Union Stockyards, Chicago,…