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

Court of Appeals for the Second Circuit·Decided March 16, 1909·No. No. 66·Published·Cited by 4 cases

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.

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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.

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

168 F. 699 (United States v. New York, C. & St. L. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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