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

Procedural entryThis page is a short order in Oregon-Washington R. & Nav. Co. v. United States. Read the opinion of the Court — 205 F. 337 →

Court of Appeals for the Ninth Circuit·Decided February 7, 1916·No. No. 2471·Published

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.

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

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