United States v. Stockyards Terminal Ry. Co.

• Citation: 178 F. 19
• Decision Date: 23 March 1910
• Docket Number: 3,165.
• Parties: UNITED STATES v. STOCKYARDS TERMINAL RY. CO.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

178 F. 19

UNITED STATES v. STOCKYARDS TERMINAL RY. CO.

No. 3,165.

United States Court of Appeals, Eighth Circuit.

March 23, 1910

Charles C. Houpt, U.S. Atty.

Robert E. Olds (Frank B. Kellogg, C. A. Severance, and Henry Veeder with him on the brief), for defendant in error.

Before SANBORN and ADAMS, Circuit Judges, and RINER, District Judge.

RINER District Judge.

This was an action brought by the United States against the defendant to recover a penalty for an alleged failure to comply with the provisions of section 1 of the act of Congress of June 29, 1906 (Act June 29, 1906, c. 3594, 34 Stat. 607 (U.S. Comp. St. Supp. 1909, p. 1178)), known as the '28-hour law.' The parties are arranged in this court as they were in the court below, the plaintiff in error being the plaintiff, and the defendant in error being the defendant, and they will be hereafter referred to as plaintiff and defendant, respectively.

The petition originally contained two causes of action, but before the trial the second cause of action was dismissed by the plaintiff. A jury was waived by a stipulation in writing and the case was tried by the court without the intervention of a jury, upon the following agreed statement of facts:

'It is hereby stipulated by and between the parties to the above-entitled cause that the same may be tried by the court without a jury, on the following facts without other or further proof:

'(1) The defendant, Stockyards Terminal Railway Company, is, and during all of the times mentioned in the complaint was, a corporation duly organized and existing under the general laws of the state of Minnesota relating to the incorporation of railroad companies. The said defendant during all of said times operated a line of road from Dayton's Bluff, a point at the southern extremity of the Union Depot Yards in St. Paul, Minn, to the yards of the St. Paul Union Stockyards Company at South St. Paul, Minn. The said defendant does not own its own line, but under contract of lease operates over the main line tracks of the Chicago, Milwaukee & St. Paul Railway Company and the Chicago, Burlington & Quincy Railway Company from the said Dayton's Bluff to Newport and St. Paul Park, whence it crosses the Mississippi river, using the tracks and bridge of the Chicago, Rock Island & Pacific Railway Company to Inver Grove, in Dakota county, Minn., and thence uses the tracks of the Chicago, Rock Island & Pacific Railway Company to the St. Paul Union Stockyards at South St. Paul, Minn. The total distance by the route above described from Dayton's Bluff to the said Union Stockyards is about 11 miles, and the greater part thereof--that is to say, from Dayton's Bluff to the point crossing the Mississippi river-- is over the tracks of the Chicago, Burlington & Quincy Railway Company and the Chicago, Milwaukee & St. Paul Railway Company, which constitute the main lines of said companies, respectively, between St. Paul, Minn., and Chicago, Ill.

'(2) The shipment involved in the first cause of action set forth in the complaint herein was delivered to defendant at the said Dayton's Bluff solely for the purpose of being transported to the said St. Paul Union Stockyards at South St. Paul for feeding, watering, and resting the stock. The shipment consisted of five car loads of cattle, all shipped by the same consignor to the same consignee. The shipment was billed from Lavina, Mont., to the Union Stockyards at Chicago, Ill., by way of the Chicago, Milwaukee & St. Paul Railway. The said shipment was not billed via the defendant's line, and the defendant did not perform any other service with respect thereto than that of transporting the same from the main line tracks of the said Chicago, Milwaukee & St. Paul Railway Company at or near said Dayton's Bluff to the said St. Paul Union Stockyards for the purpose of feeding, watering and resting the stock, and thence back again to said main line tracks of said Chicago, Milwaukee & St. Paul Railway after the cattle comprised in the said shipment had been rested, watered, and fed at said St. Paul Union Stockyards. Hereto attached marked 'Exhibit A.' and consisting of five sheets, are the original waybills covering the said shipment, each of said waybills relating to one of the five car loads mentioned.

'The defendant at none of the times mentioned in the complaint herein had any knowledge or information concerning the shipment involved in the said first cause of action other than that contained in the said waybills hereto attached and marked 'Exhibit A.' The said waybills were delivered to the defendant simultaneously with the cars to which they related. The usual 36-hour release was attached to each of said waybills.

'It is customary for live stock to arrive at St. Paul from western points in the early morning hours. Between the hours of 1 o'clock a.m. and 8:30 a.m. of August 3, 1908, 119 car loads of live stock were delivered to the defendant company at said Dayton's Bluff for transportation to the said St. Paul Union Stockyards at South St. Paul, Minn., and at the time when the five cars referred to in Exhibit A were delivered to the defendant, to wit, at 6:35 a.m. on said August 3, 1908, there were delivered to the defendant at said Dayton's Bluff for transportation as aforesaid altogether 67 car loads of live stock, together with the waybills therefor.

'It is customary in transporting live stock for the agents of the railway companies engaged in such transportation, and it is their duty, to note and enter upon the waybills the times and places of feeding, resting, and watering the live stock, together with the charges therefor; but this practice is not invariable, and sometimes said agents do not make such notations or entries on the waybills, and frequently the feeding charges incurred at points where the stock is fed, rested, and watered are entered upon a separate bill which may or may not be attached to the original waybill covering the shipment to which it relates.

'(3) The defendant did not have actual knowledge at any of the times mentioned in said complaint that the cattle comprised in the said shipment had been confined without unloading them for the purpose of rest, water, and feeding for a period in excess of 28 hours or a period in excess of 36 hours, or any other period of time contrary to law.

'(4) The facts with respect to the hours of delivery to and unloading by the defendant company are as follows: The said five cars were delivered to the defendant by the Chicago Milwaukee & St. Paul Railway Company at said Dayton's Bluff at 6:35 a.m. on August 3, 1908, and were unloaded at...