Oregon-Washington R. & Nav. Co. v. United States

Ninth Circuit

Oregon-Washington R. & Nav. Co. v. United States

229 F. 1022, 143 C.C.A. 662, 1916 U.S. App. LEXIS 1623

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 7, 1916

DocketNo. 2471

StatusPublished

This text of 229 F. 1022 (Oregon-Washington R. & Nav. Co. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Oregon-Washington R. & Nav. Co. v. United States, 229 F. 1022, 143 C.C.A. 662, 1916 U.S. App. LEXIS 1623 (9th Cir. 1916).

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Opinion

GILBERT, Circuit Judge.

This case presents the same issues and the same state of facts that were before this court in the ease of the same title (Case No. 2490, reported 222 Fed. 887, 138 C. C. A. 367), in which this court held that a carrier inadvertently and honestly omitting from the report required by order of the Interstate Commerce Commission under Interstate Commerce Act Feb. 4, 1887, c. 104, 24 Stat. 379, as amended, instances in which employes were permitted to remain on duty for a longer period than that prescribed by Hours of Service Act March 4, 1907, c. 2939, 34 Stat. 1415 (Comp. St. 1913, §§ 8677-8680), is not subject to the penalties imposed by the Interstate Commerce Act. Following that decision, it is ordered that the judgment of the court below be reversed, and that this cause be remanded to the court below for a new trial.

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GILBERT, Circuit Judge.

This case presents the same issues and the same state of facts that were before this court in the ease of the same title (Case No. 2490, reported 222 Fed. 887, 138 C. C. A. 367), in which this court held that a carrier inadvertently and honestly omitting from the report required by order of the Interstate Commerce Commission under Interstate Commerce Act Feb. 4, 1887, c. 104, 24 Stat. 379, as amended, instances in which employes were permitted to remain on duty for a longer period than that prescribed by Hours of Service Act March 4, 1907, c. 2939, 34 Stat. 1415 (Comp. St. 1913, §§ 8677-8680), is not subject to the penalties imposed by the Interstate Commerce Act. Following that decision, it is ordered that the judgment of the court below be reversed, and that this cause be remanded to the court below for a new trial.

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Bluebook (online)

229 F. 1022, 143 C.C.A. 662, 1916 U.S. App. LEXIS 1623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oregon-washington-r-nav-co-v-united-states-ca9-1916.

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