Boston & M. R. v. United States

First Circuit

Boston & M. R. v. United States

246 F. 440, 158 C.C.A. 504, 1917 U.S. App. LEXIS 1372

CourtCourt of Appeals for the First Circuit

DecidedOctober 18, 1917

DocketNo. 1284

StatusPublished

This text of 246 F. 440 (Boston & M. R. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boston & M. R. v. United States, 246 F. 440, 158 C.C.A. 504, 1917 U.S. App. LEXIS 1372 (1st Cir. 1917).

Pincite

Opinion

PER CURIAM.

The information in this case charges the railroad company with transporting “one carload of pine lumber” from Saco, Me., to Holyoke, Mass., without a certificate showing that it had been inspected and pronounced free from gypsy moth infestation; in violation of the Plant Quarantine Act of August 20, 1912 (37 Stat. 315). The District Court has overruled a demurrer for insufficiency in law, which is assigned as error by the defendant railroad.

It was agreed by counsel at the argument that the lumber constituting the carload referred to in the information was sawn and squared pine lumber.

Such lumber, though in'a sense a “plant product,” we cannot regard as covered by the intended meaning of the act. We are unable to believe the quarantine and inspection requirements thereby established applicable in the case of wood 'products with regard to which a process of manufacture has been carried to such an extent as in this case. We think the demurrer should have been sustained.

The judgment of the District Court is reversed, and the case remanded to that court for further proceedings not inconsistent with this opinion.

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PER CURIAM.

The information in this case charges the railroad company with transporting “one carload of pine lumber” from Saco, Me., to Holyoke, Mass., without a certificate showing that it had been inspected and pronounced free from gypsy moth infestation; in violation of the Plant Quarantine Act of August 20, 1912 (37 Stat. 315). The District Court has overruled a demurrer for insufficiency in law, which is assigned as error by the defendant railroad.

It was agreed by counsel at the argument that the lumber constituting the carload referred to in the information was sawn and squared pine lumber.

Such lumber, though in'a sense a “plant product,” we cannot regard as covered by the intended meaning of the act. We are unable to believe the quarantine and inspection requirements thereby established applicable in the case of wood 'products with regard to which a process of manufacture has been carried to such an extent as in this case. We think the demurrer should have been sustained.

The judgment of the District Court is reversed, and the case remanded to that court for further proceedings not inconsistent with this opinion.

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Bluebook (online)

246 F. 440, 158 C.C.A. 504, 1917 U.S. App. LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-m-r-v-united-states-ca1-1917.