United States v. Atlantic Coast Line R.

HAYES, District Judge.

The United States brought this action against the defendant to recover penalties under the Hours of Service Act, 45 U.S. C.A. §§ 61-64, alleging sixty separate violations during the period of December 1 to 30, 1943, inclusive, for permitting two telegraphers to work 12 hours each on each day during that period.

The trial court found that an emergency existed during that period which permitted each employee to work twelve hours in a twenty-four hour period on three days each week of the emergency, without incurring a penalty. Accordingly the court allowed penalties for…