Chicago & N. W. Ry. Co. v. United States
Court of Appeals for the Seventh Circuit
Appeal- from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by the United States against the Chicago & Northwestern Railway Company to recover a penalty for violation of the Twenty-Eight Hour Law. There was a judgment for the United States, and defendant brings error. The action was for violation of the “Twenty-Eight Hour Law.”
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Appeal- from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by the United States against the Chicago & Northwestern Railway Company to recover a penalty for violation of the Twenty-Eight Hour Law. There was a judgment for the United States, and defendant brings error. The action was for violation of the “Twenty-Eight Hour Law.” It appears that the stock was loaded October 4th at 6 p. m. at Bingsted, Iowa, a station on defendant’s road, and conveyed by defendant over its road to the stockyards at Chicago, where it was unloaded at…
1Opinion of the CourtArschurfr, Circuit Judge
(after stating the facts as above). [1] It is contended for plaintiff in error that the record herein discloses no evidence which would warrant the conclusion that plaintiff in error “willfully” violated the Twenty-Eight Hour Raw. That the term “willfully,” as employed in the act, does not imply deliberate intent to do injury to the stock or to its owner, has been too frequently considered and definitely determined to require further demonstration. The jury may conclude that the violation was willful, if from the evidence they find that the carrier in confining the stock beyond the statutory…
2Cases cited9 opinions
- New York Cent. & H. R. R. v. United StatesCourt of Appeals for the First Circuit · 1908
- Grand Trunk Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- United States v. Union Pac. R. Co.Court of Appeals for the Eighth Circuit · 1909
- Newport News & M. Val. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1894
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3Cited by3 opinions
- Chicago & N. W. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1916
- Indiana Harbor Belt Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1917
- United States v. DelanoCourt of Appeals for the Seventh Circuit · 1917