United States Circuit Courts of Appeals Reports; With Key-Number Annotations Volume 114

United States Circuit Courts of Appeals Reports; With Key-Number Annotations Volume 114

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...and found in good condition on the morning it started. In order to unload the sheep in time, it was necessary that this train should make the run in 12 hours. It was delayed about 2.hours by the breaking of a drawbar and chain of a train which met and passed it. by the slipping of a knuckle in the coupler which separated it into two parts and by the pulling out of two drawbars in its cars which made it necessary to draw the two parts of the train upon a side track and recouple them. Upon its arrival the company dragged the sheep out oi' two of the cars in the dark within the 36 hours, but left 15 of the cars unloaded until the next morning after the expiration of the 36 hours. Held, there was no substantial evidence that the company willfully violated the law, and there was substantial evidence that it was prevented from unloading the sheep within the 36 hours by accidental or una'oidable causes which could not be anticipated or avoided by the exercise of due diligence and foresight. Ed. Note.--For other cases, see Carriers, Cent. Dig. 5 95, 927; Dec. Dig. 37.' Liability of carrier for tailure to feed, water, and rest live stock and for violation of the 28-hour law, see note to St. Joseph Stockyards Co. V. United States, 110 C. C. A. 435. In Error to the District Court of the United States for the District of_ Nebraska. Action by the United States against the Chicago, Burlington & Quincy Railroad Company. judgment for the United States, and defendant brings error. Reversed and remanded. Arthur R. Wells (james E. Kelby, on the brief), for plaintiff in error. F. S. Howell, U. S. Atty. Before SANBORN and CARLAND, Circuit Judges. SANBORN, Circuit judge. In an action against the railroad company under the 28-hour...show more

Product details

  • Paperback | 414 pages
  • 189 x 246 x 22mm | 735g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236745272
  • 9781236745279