Great Northern Ry. Co. v. United States

(after stating the facts as above). The act of Congress of March 4, 1907, so far as it is applicable to this case, provides as follows:

Upon the arrival of the freight train and locomotive of the plaintiff in error, upon which its employe, Bergen, was engaged as a fireman, at Laclede, Idaho, at 9:59 p. m. on July 10, 1912, he had been on duty as such fireman continuously, without interruption, and without any opportunity for rest, from 6 o’clock on the morning of that date, a period of 16 consecutive hours. Upon .arriving at Laclede, Idaho, the locomotive and freight train were tied up on one of the sidings of the plaintiff in error located at that point, and all of the crew of the locomotive and freight trairh(with the exception of the fireman, Bergen) were released from any and every duty in connection with the movement of the same, and retired to rest upon the train. The fireman, Bergen, remained on the locomotive in the capacity of engine watchman, from the time of the tying up and side-tracking of the locomotive and freight train at 9:59 p. m. up to and until 6 o’clock a. m. on the following morning, a period of 8 hours, making in all 24 consecutive hours during which he was…