United States v. New York, C. & St. L. R.

Second Circuit

United States v. New York, C. & St. L. R.

168 F. 699, 94 C.C.A. 76, 1909 U.S. App. LEXIS 4496

CourtCourt of Appeals for the Second Circuit

DecidedMarch 16, 1909

DocketNo. 66

StatusPublished

Cited by4 cases

This text of 168 F. 699 (United States v. New York, C. & St. L. R.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. New York, C. & St. L. R., 168 F. 699, 94 C.C.A. 76, 1909 U.S. App. LEXIS 4496 (2d Cir. 1909).

Pincite

Opinion

PER CURIAM.

Since the decision below the Court of Appeals in the Sixth Circuit has held that each shipment not transported in conformity with the statute constitutes a separate offense. U. S. v. Baltimore Ohio S. W. R. R., 159 Fed. 33, 86 C. C. A. 223. We concur in its reasoning and conclusion.

Defendant in error also objects that there can be no review of the judgment by.the government on the ground that this is a criminal action. This point has been overruled in U. S. v. Baltimore & Ohio S. W. R. R., supra, and in the Circuit Court of Appeals for the Ninth Circuit in Montana Central Ry. v. U. S. (C. C. A.) 164 Fed. 400.

The judgment is reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Since the decision below the Court of Appeals in the Sixth Circuit has held that each shipment not transported in conformity with the statute constitutes a separate offense. U. S. v. Baltimore Ohio S. W. R. R., 159 Fed. 33, 86 C. C. A. 223. We concur in its reasoning and conclusion.

Defendant in error also objects that there can be no review of the judgment by.the government on the ground that this is a criminal action. This point has been overruled in U. S. v. Baltimore & Ohio S. W. R. R., supra, and in the Circuit Court of Appeals for the Ninth Circuit in Montana Central Ry. v. U. S. (C. C. A.) 164 Fed. 400.

The judgment is reversed.

Cite This Page — Counsel Stack

Bluebook (online)

168 F. 699, 94 C.C.A. 76, 1909 U.S. App. LEXIS 4496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-new-york-c-st-l-r-ca2-1909.

Opinion

Related

Cite This Page — Counsel Stack