Legal Opinion

United States v. Kambeitz

District Court, N.D. New York

Decided March 7, 1919PublishedCited by 7 opinions

Criminal prosecution by the United States against Otto Kambeitz and another. On demurrer to indictment. The defendants demur to the indictment in this case, which charges them with a violation of section 11 of the Act of March 21, 1918 (40 Stat. 457, c. 25 [Comp. St. 1918, § 3115%k]), known as the Railroad Control Act, and also with a violation of section 47 of the Criminal Code of the United States (Act March 4, 1909, c. 321, 35 Stat. 1097 [Comp.

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Criminal prosecution by the United States against Otto Kambeitz and another. On demurrer to indictment. The defendants demur to the indictment in this case, which charges them with a violation of section 11 of the Act of March 21, 1918 (40 Stat. 457, c. 25 [Comp. St. 1918, § 3115%k]), known as the Railroad Control Act, and also with a violation of section 47 of the Criminal Code of the United States (Act March 4, 1909, c. 321, 35 Stat. 1097 [Comp. St. § 10214]), on the ground the indictment, which contains three counts, does not state facts constituting a crime or criminal offense under said…

1Opinion of the Court

RAY, District Judge.

The New York Central Railroad Company owns and operates a railroad line extending from the city of New York, N. Y., up the Hudson river valley to Albany, N. Y., and thence westerly up the Mohawk valley to Rome, N. Y., and thence on to Buffalo, N. Y. From thence on westerly by means of contracts and agreements and leases it operates its road and cars to Chicago and has connections across the continent. This railroad company is engaged in both interstate and intrastate and also in foreign commerce, as one of its lines runs into and through Lower Canada, via Suspension…

2Cases cited29 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  3. Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
  4. United States v. LacherSupreme Court of the United States · 1890
  5. Todd v. United StatesSupreme Court of the United States · 1895

24 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
  2. Davis v. PullenCourt of Appeals for the First Circuit · 1922
  3. Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
  4. Dixie Oil Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1928
  5. United States v. BrownDistrict Court, E.D. Michigan · 1974

2 more not listed; retrieve them via the Exa API.

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