Missouri, Kansas & Texas Railway Co. v. United States
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the construction of the Hours of Service of Railway Employés Act, are stated in the opinion. The Hours- of Service Act imposes a penalty for each act of requiring or permitting employes to work overtime,, whether one or more employés. be involved, and not a penalty for each employé required or permitted to work beyond the hours prescribed.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the construction of the Hours of Service of Railway Employés Act, are stated in the opinion. The Hours- of Service Act imposes a penalty for each act of requiring or permitting employes to work overtime,, whether one or more employés. be involved, and not a penalty for each employé required or permitted to work beyond the hours prescribed. While it is clear that a penalty can be recovered for each and every violation, what constitutes a violation is the question at issue. While in United States v.…
1Opinion of the CourtJustice Holmes
This case brings up two suits that were consolidated and tried together, both being suits for penalties under the Hours of Service Act of March 4, 1907, c. 2939, 34 Stat. 1415, for keeping employés on duty for more than sixteen consecutive hours. The main question is whether, when several persons thus are kept beyond the proper time by reason of the same delay of a train, a separate penalty is incurred for each or only one for all. The Circuit Court of Appeals decided for the Government without discussion.
The petitioner cites, many cases in favor of the proposition that generally, when one…
2Cases cited5 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Baltimore & Ohio Southwestern Railroad v. United StatesSupreme Court of the United States · 1911
- People v. . SpencerNew York Court of Appeals · 1911
- Flemister v. United StatesSupreme Court of the United States · 1907
3Cited by65 opinions
- Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123Supreme Court of the United States · 1944
- Armour & Co. v. WantockSupreme Court of the United States · 1944
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Wilson v. NewSupreme Court of the United States · 1917
- Central Missouri Tel. Co. v. ConwellCourt of Appeals for the Eighth Circuit · 1948
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