United States v. Wabash. R.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri. Action by the United States against the Wabash Railroad Company to recover a penalty for a violation of the 28-hour law. Judgment for defendant, and the United States brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
Complaint is made because the court below overruled a demurrer to an answer which pleaded that the claim of the United States to recover of the Wabash Railroad Company the penalty denounced by the 28-hour law (Act June 29, 1906, c. 3594, 34 Stat. 607 [U. S. Comp. St. Supp. 1907, p. 918; Supp. 1909, p. 11781), for knowingly and willfully confining cattle during their transportation 21 hours without unloading them for rest, water, and feeding when it knew that they had already been so confined 16 hours by its connecting carriers, was satisfied and barred by the fact that…
2Cases cited16 opinions
- Hepner v. United StatesSupreme Court of the United States · 1909
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- United States v. Sioux City Stock Yards Co.U.S. Circuit Court for the District of Northern Iowa · 1908
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3Cited by1 opinion
- Galveston, H. & S. A. R. Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1910