Legal Opinion

United States v. Lehigh Valley R.

Court of Appeals for the Third Circuit

Decided May 5, 1913No. 1,712PublishedCited by 7 opinions

In Error to the District Court of the United States for the District of New Jersey; Joseph Cross, Judge. Action by the United States against the Lehigh Valley Railroad Company to recover a penalty for knowingly and willfully violating the Twenty-Eight Hour Law. From an order sustaining defendant’s motion for judgment non obstante veredicto, the United States brings error.

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In Error to the District Court of the United States for the District of New Jersey; Joseph Cross, Judge. Action by the United States against the Lehigh Valley Railroad Company to recover a penalty for knowingly and willfully violating the Twenty-Eight Hour Law. From an order sustaining defendant’s motion for judgment non obstante veredicto, the United States brings error. The following is the opinion of Cross, District Judge: This action is based upon what is popularly known as the Twenty-Eight Hour Law (Act June 29, 1906, c. 3594, 31 Stat. 607 [U. S. Comp. St. Supp. 1911, p. 33431), an act…

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

This action against the Le-high Valley Railroad Company was brought to recover a penalty for “knowingly and willfully” failing to comply with the Twenty-Eight Hour Law of June 29, 1906. We take the following summary of certain undisputed facts from the government’s brief:

“Oil February 17. 1911, 226 lambs were shipped by O. F. and W. F. Pratt over the defendant’s railroad, from Batavia, N. Y., consigned to Newton & Oo., Jersey City, contained in a car initialed and numbered ‘L. V. 89025,’ and conveyed over said line of railroad in that ear to Jersey City, and…

2Cases cited9 opinions

  1. St. Louis & S. F. R. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  2. United States v. Sioux City Stock Yards Co.U.S. Circuit Court for the District of Northern Iowa · 1908
  3. New York Cent. & H. R. R. v. United StatesCourt of Appeals for the First Circuit · 1908
  4. St. Joseph Stockyards Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1911
  5. Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1912

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Philadelphia & R. Ry. Co.District Court, E.D. Pennsylvania · 1915
  2. United States v. Philadelphia & R. Ry. Co.District Court, E.D. Pennsylvania · 1915
  3. United States v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1937
  4. United States v. Philadelphia & R. Ry. Co.District Court, E.D. Pennsylvania · 1916
  5. United States v. Delaware, Lackawanna & Western RailroadCourt of Appeals for the Third Circuit · 1939

2 more not listed; retrieve them via the Exa API.

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