Chicago, R. I. & P. Ry. Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Candis, Judge. Action by the United States against the Chicago-, Rock Island & Pacific Railway Company to recover certain penalties under the Hours of Service Act. From a judgment for the United States, defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Candis, Judge. Action by the United States against the Chicago-, Rock Island & Pacific Railway Company to recover certain penalties under the Hours of Service Act. From a judgment for the United States, defendant brings error. By this writ of error it is sought to reverse a judgment rendered on a directed verdict and based on sis several violations of the Hours of Service Act (34 Stat. 1415). Section 2 of the act, after making it unlawful for a common carrier subject…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1,2] 1. Defendant contends that what the switch tenders did in relation to *29tlie towel Juan was to impart information, not to' transmit orders. It concedes, in accordance with the decisions in United States v. Houston B. & T. Ry. Co., 205 Fed. 344, 125 C. C. A. 481 (C. C. A., 5th Circut) and M. P. Ry. Co. v. United States, 211 Fed. 893, 128 C. C. A. 271 (C. C. A., 8th Circuit), that orders are not confined to' technical wrlnmi train orders; that any specific direction or instruction which a subordinate is bound to' obey would be an order; but it urges that…
2Cases cited4 opinions
- United States v. MescallSupreme Court of the United States · 1909
- United States v. Florida East Coast Ry. Co.Court of Appeals for the Fifth Circuit · 1915
- United States v. Houston Belt & Terminal Ry. Co.Court of Appeals for the Fifth Circuit · 1913
- Missouri Pac. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1914
3Cited by8 opinions
- United States v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1943
- United States v. Illinois Cent. R.District Court, N.D. Iowa · 1915
- Atchison, T. & S. F. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1924
- Chicago & N. W. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- United States v. Atchison, T. & S. F. Ry. Co.District Court, N.D. Illinois · 1924
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