Inland Freight Lines v. United States, No. 4528.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtPHILLIPS, , and BRATTON and PICKETT, Circuit
Citation202 F.2d 169
PartiesINLAND FREIGHT LINES v. UNITED STATES.
Docket NumberNo. 4528.
Decision Date11 March 1953

202 F.2d 169 (1953)

INLAND FREIGHT LINES
v.
UNITED STATES.

No. 4528.

United States Court of Appeals Tenth Circuit.

February 10, 1953.

Rehearing Denied March 11, 1953.


Richard L. Bird, Jr., Salt Lake City, Utah (Dan S. Bushnell, Salt Lake City, Utah, was with him on the brief), for appellant.

George W. Howard, Washington, D. C. (Scott M. Matheson, U. S. Atty., and H. D. Lowry, Asst. U. S. Atty., Salt Lake City, Utah, were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

This case is here for the second time. The defendant, Inland Freight Lines, as a common carrier by motor vehicle engaged in the transportation of property in interstate commerce, was charged with a violation of 49 U.S.C.A. § 322(g) by an information containing ten counts. On the first trial, the court submitted Counts II, VI, VII, IX and X to the jury and a verdict of guilty was returned on those counts. We reversed and remanded the case for a new trial solely upon the grounds that an instruction of the court erroneously advised the jury that negligence on the part of the company or failure on its part to check certain documents could be defined as knowingly and wilfully committing the unlawful act. Inland Freight Lines v. United States, 10 Cir., 191 F.2d 313. Upon retrial, there

202 F.2d 170
was a conviction on Counts VII, IX and X. This appeal is from a judgment and sentence upon that conviction

The nature of the charge in each of the three counts is the same. It is alleged that the defendant corporation is an interstate common carrier for the transportation of property by motor vehicle over public highways and subject to the Interstate Commerce Commission motor carriers' safety regulations (49 CFR 190-197); that it employed drivers to operate motor vehicles engaged in interstate transportation; and that the defendant did aid, abet, counsel, command, induce and procure the drivers to knowingly and wilfully prepare and keep driver's logs which did not show accurately the driving time of the drivers.

The evidence offered at the second trial was substantially the same as that submitted at the first trial. It was referred to in the former opinion and we shall not restate it at length here. In substance, the evidence shows that the drivers named in the counts prepared and filed with the defendant logs of their driving time and also other documents referred to as trip reports. These documents were filed and kept as part of the defendant's records. The required I. C. C. reports were made from the logs filed by the drivers. The drivers were paid from the trip reports. There was a wide discrepancy between the drivers' logs and the trip reports, and the testimony of the drivers indicated that the drivers' logs were false.

The I. C. C. regulations require each driver to keep an accurate log of his driving time in a log book, the form of which is specified by the Commission (Form BMC 59). Every motor carrier subject to the regulations is instructed to require each driver to maintain a driver's daily log in duplicate, and to forward daily the original of that log to the home terminal address.1 From these reports the carrier is required to make a monthly report of every instance during the calendar month in which a driver has been on duty or required to drive or operate a motor vehicle in excess of the hours prescribed by the regulations.

The defendant contends that the allegations in the information charge only that it aided and abetted the drivers in preparing false logs, and that there is a total lack of any evidence to sustain this charge. The same argument was made on the former appeal and we held that the evidence was sufficient to take the case to the jury under appropriate instructions of the court. This holding became the law of the case. Midland Valley R. Co. v. Jones, 10 Cir., 115 F.2d 508. It is now urged with considerable emphasis that on the former appeal we misconceived the charge against the defendant and decided the case, not upon the charge in the information, but under...

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28 practice notes
  • Commonwealth of Pa. v. Local U. 542, Int. U. of Op. Eng., Civ. A. No. 71-2698.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 4, 1974
    ...are not relevant to this inquiry. United States v. Townsend, 478 F.2d 1072, 1074 (3d Cir. 1973); Inland Freight Lines v. United States, 202 F.2d 169, 171 (10th Cir. 1953). Even if they were, it is difficult to ascertain what defendants mean by certain of the conclusionary allegations they h......
  • United States v. Gilboy, Crim. No. 12880.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • May 9, 1958
    ...United States v. Valenti, supra, 120 F. Supp. at page 92; or conclusions per se, Inland Freight Lines v. United States, 10 Cir., 1953, 202 F.2d 169, 14 "Every * * * judge, when he hears a case or writes an opinion must form an opinion on the merits and oft times no doubt an opinion relative......
  • United States v. Alberico, Crim. No. 77-CR-237 to 77-CR-240.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • December 23, 1977
    ...369 F.2d 425 (10th Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 138 (1967); Inland Freight Lines v. United States, 202 F.2d 169 (10th Cir. 1953). Motions alleging bias and prejudice on the part of a judge which establish simply that the affiant does not like a particula......
  • United States v. Mitchell, Crim. No. 74-110.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 30, 1974
    ...opposed to conclusions and generalities, Simmons v. United States, 302 F.2d 71, 76 (3d Cir. 1962); Inland Freight Lines v. United States, 202 F.2d 169, 171 (10th Cir. 1953); Boyance v. United States, 275 F. Supp. 772, 774 (E.D.Pa.1967), and while the information and belief of the affiant as......
  • Request a trial to view additional results
28 cases
  • Commonwealth of Pa. v. Local U. 542, Int. U. of Op. Eng., Civ. A. No. 71-2698.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 4, 1974
    ...are not relevant to this inquiry. United States v. Townsend, 478 F.2d 1072, 1074 (3d Cir. 1973); Inland Freight Lines v. United States, 202 F.2d 169, 171 (10th Cir. 1953). Even if they were, it is difficult to ascertain what defendants mean by certain of the conclusionary allegations they h......
  • United States v. Gilboy, Crim. No. 12880.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • May 9, 1958
    ...United States v. Valenti, supra, 120 F. Supp. at page 92; or conclusions per se, Inland Freight Lines v. United States, 10 Cir., 1953, 202 F.2d 169, 14 "Every * * * judge, when he hears a case or writes an opinion must form an opinion on the merits and oft times no doubt an opinion relative......
  • United States v. Alberico, Crim. No. 77-CR-237 to 77-CR-240.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • December 23, 1977
    ...369 F.2d 425 (10th Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 138 (1967); Inland Freight Lines v. United States, 202 F.2d 169 (10th Cir. 1953). Motions alleging bias and prejudice on the part of a judge which establish simply that the affiant does not like a particula......
  • United States v. Mitchell, Crim. No. 74-110.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 30, 1974
    ...opposed to conclusions and generalities, Simmons v. United States, 302 F.2d 71, 76 (3d Cir. 1962); Inland Freight Lines v. United States, 202 F.2d 169, 171 (10th Cir. 1953); Boyance v. United States, 275 F. Supp. 772, 774 (E.D.Pa.1967), and while the information and belief of the affiant as......
  • Request a trial to view additional results

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