Legal Opinion · Concurrence

St. Johnsbury Trucking Company, Inc. v. United States

Court of Appeals for the First Circuit

Decided March 24, 1955No. 4881Published

1ConcurrenceMagruder, Chief Judge

I agree that the judgment of the district court should be set aside and the case remanded for further proceedings. It may be, though this is not entirely clear, that the district court was led to enter judgment against the defendant by reason of an erroneous view of the law. In its opinion, the district court said [122 F.Supp. 816] that the particular offense charged in the information “requires no element of criminal intent”, and that if it is found that the defendant knew, “or in the exercise of reasonable care should have known, of the dangerous content of the batteries and the weight of…

2Cases cited7 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
  3. United States v. George F. Fish, Inc.Court of Appeals for the Second Circuit · 1946
  4. United States v. Armour & Co.Court of Appeals for the Third Circuit · 1948
  5. People v. Canadian Fur Trappers Corp.New York Court of Appeals · 1928

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