St. Joseph & G.I. Ry. Co. v. United States

• Decision Date: 09 March 1916
• Docket Number: 4523.
• Citation: 232 F. 349
• Parties: ST. JOSEPH & G.I. RY. CO. v. UNITED STATES.
• Court: U.S. Court of Appeals — Eighth Circuit

232 F. 349

ST. JOSEPH & G.I. RY. CO. v. UNITED STATES.

No. 4523.

United States Court of Appeals, Eighth Circuit.

March 9, 1916

Where a fireman, after a work train was run onto a siding, was required to keep watch of the engine and keep up steam therein until more than 16 hours after he began work, the Hours of Service Act was violated.

The United States, plaintiff in the court below, instituted a civil action against the defendant, plaintiff in error, to recover penalties for violations of the Hours of Service Act of Congress, approved March 4, 1907. 34 Stat. 1415. There were two counts in the complaint for two violations; but the defendant confessed the first count, which is, therefore eliminated from present consideration.

The second count charged the defendant with having required one J. Kramer, employed as a locomotive fireman by the defendant regularly and generally engaged in and connected with the movement of defendant's trains engaged in interstate commerce, and while so engaged required and permitted him to remain on duty 20 hours; that the train was then used exclusively in the hauling of company material, to wit, ties and cinders, transported from a point without the state of Kansas to a point in the state of Kansas, said ties and cinders to be used in repairing and maintaining the defendant's line of railway between Hiawatha and Seneca in the state of Kansas, which was then and there a through highway of interstate commerce.

The answer admitted the formal allegations of the complaint, and pleaded a general denial of the facts which charge the violation of the statute. A trial by jury was waived, and the cause submitted to the court upon the following agreed statement of facts:

'It is agreed between the parties hereto that a jury shall be waived and the above-entitled cause submitted to the court and determined upon the following facts, which are agreed by the parties to be true:

'First. The defendant is a railroad corporation organized under the laws of the state of Kansas, and is engaged in business as a common carrier of interstate commerce by railroad in the state of Kansas.

'Second. That its line of railroad extends from Kansas City, Mo., through and across a portion of said state, and into the state of Kansas, through and across a portion of the state of Kansas, and into the state of Nebraska, where it terminates.

'Third. That on the 25th day of February, 1913, and upon the defendant's line of railroad at and between the stations of Hiawatha, in the state of Kansas, and Seneca, in said state, the defendant's certain fireman and employe, to wit, J. Kramer, entered upon his duties as a locomotive fireman at the hour of 4:30 o'clock a.m. on the said 25th day of February, 1913, and continued on duty as such fireman until the hour of 7:30 o'clock p.m. of said date.

'Fourth. That at the hour of 7:30 p.m., as specified in paragraph 3 hereof, the defendant placed the train upon which the said J. Kramer was acting as locomotive fireman on the siding at the city of Seneca, in the state of Kansas, whereupon the members of the crew of said train ceased the performance of their regular duties, and all of the members of said crew, except the said J. Kramer, retired for rest under the provisions of the act of Congress mentioned in plaintiff's petition.

'Fifth. There being no competent person at the city of Seneca to whom the care of the engine on which the said J. Kramer was employed as fireman could be intrusted, the defendant employed said J. Kramer to watch said engine, and as a part of his duties as such watchman he was required to maintain a certain amount of steam in said engine, to keep sufficient water pumped into the boiler, to prevent said engine from running away, which occasionally happens on account of leakage of steam, and to otherwise care for and protect said engine, and to protect the persons and property contiguous thereto from injury by said engine.

'Sixth. That the said J. Kramer as such watchman entered upon his duties at the hour of 7:30 p.m. on said 25th day of February, 1913, and continued as such watchman until the hour of 12:40 a.m. on February 26, 1913, when he was relieved by another competent watchman.

'Seventh. It is further stipulated and agreed that the train upon which the said J. Kramer was employed on the said 25th day of February, 1913, as fireman, and which he was employed to watch as heretofore set forth, was known as 'work extra,' and was drawn by defendant's locomotive engine No. 41; that said train consisted of one plow or dredge car, one car of ties and 20 cars of cinders; that all of the contents of every car contained in said train consisted of company material, to wit, ties and cinders, and was designed for use in repairing and maintaining the track and roadbed of the railroad belonging to the defendant between the stations of Hiawatha and Seneca in said state of Kansas.

'Eighth. That the car of ties and the 20 cars of cinders, which constituted a part of said train, originated outside of the state of Kansas, and were transported by the defendant into the state of Kansas as company material; that the plow or dredge car forming a part of said train belonged to the defendant, and was one of its implements used in repairing and maintaining its track; that the said cars of material were assembled from time to time at convenient sidings near the station of Hiawatha, in the state of Kansas, and were on the said 25th day of February, 1913, placed in said 'work extra' drawn by engine No. 41 as aforesaid to be distributed along the line of the defendant's railway between the stations heretofore mentioned and to be used in repairing and maintaining said track between said stations.

'Ninth. That the line of railroad between said stations of Hiawatha and Seneca over which said 'work extra' was hauled, and for which said ties and cinders were to be used in repairing and maintaining said track, was at the time mentioned in said petition a through highway of interstate commerce.

'Tenth.

...