United States v. Florida East Coast Ry. Co.
Court of Appeals for the Fifth Circuit
Walker, Circuit Judge, dissenting. In Error to the District Court of the United States, for the Southern District of Florida; Rhydon M. Call, Judge. Action by the United States against the Florida East Coast Railway Company. From a judgment sustaining demurrers to the declaration and dismissing- the declaration, the United States brings error.
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Walker, Circuit Judge, dissenting. In Error to the District Court of the United States, for the Southern District of Florida; Rhydon M. Call, Judge. Action by the United States against the Florida East Coast Railway Company. From a judgment sustaining demurrers to the declaration and dismissing- the declaration, the United States brings error. The following statement of the case, appearing in the brief for the government, is substantially correct: “This case was brought by the United States attorney, upon suggestion of the Attorney General, at the request of the Interstate Commerce…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). [1] The question submitted for consideration involves the construction of the *35first proviso of section 2 of the act approved March 4, 1907, commonly known as the “Hours of Service Act”; the second proviso not being pertinent to the present inquiry. 34 Stat. pt. 1, p. 1415 (Comp. St. L913, § 8678). The precise question may be thus stated: Is the conductor of an interstate railway train, who is required or permitted during his run to stop at stations to report, transmit, receive, or deliver orders pertaining to or affecting his train, embraced within the…
2Cases cited1 opinion
- Missouri Pac. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1914
3Cited by9 opinions
- Woods v. StateIndiana Supreme Court · 1957
- Chicago, R. I. & P. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- Southern Ry. Co. v. Columbia Compress Co.Court of Appeals for the Fourth Circuit · 1922
- United States v. FoxCourt of Appeals for the Second Circuit · 1932
- United States v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1943
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