Baltimore & Ohio Southwestern Railroad v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH ' CIRCUIT. “The act to prevent cruelty to animals while in transit,” approved June 29, 1906 (c. 3594, 34 Stat. 607), provides: “Sec. 1. That no railroad . . . whose road forms any part of a line of road over which cattle ... or other animals shall be conveyed . . '. [in interstate commerce] . . . shall confine the same in cars, boats or vessels of any description for a period longer than 28 consecutive hours without…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH ' CIRCUIT. “The act to prevent cruelty to animals while in transit,” approved June 29, 1906 (c. 3594, 34 Stat. 607), provides: “Sec. 1. That no railroad . . . whose road forms any part of a line of road over which cattle ... or other animals shall be conveyed . . '. [in interstate commerce] . . . shall confine the same in cars, boats or vessels of any description for a period longer than 28 consecutive hours without unloading the same in a humane manner, into properly equipped pens, for rest, water and feeding, for a period of at least five…
1Opinion of the Court
Mr. Justice Lámar,
after making the foregoing statement, delivered the opinion of the court.
The consolidated record of the eleven cases shows that several hundred cattle and hogs of eleven different owners, shipped in 21 cars, loaded at different stations at various hours on February 2, 1907, were in one train at the time of the expiration of the successive periods for the unloading required by the act of 1906, “to prevent cruelty to animals in transit.” The question is as to the number of penalties for which, in such a case, the carrier is hable.
Under the nearly identical act of 1873, Rev:…
2Cited by38 opinions
- Helvering v. MitchellSupreme Court of the United States · 1938
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Missouri, Kansas & Texas Railway Co. v. United StatesSupreme Court of the United States · 1913
- Kimel v. Missouri State Life Ins. Co.Court of Appeals for the Tenth Circuit · 1934
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
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