Northern Pac. Ry. Co. v. United States

The government brought this action against the plaintiff in error railway company as defendant in the court below for alleged violations of the act of Congress, entitled “An act to promote the safety of employes and travelers upon railroads by limiting the hours of service of employés thereon,” approved March 4, 1907 (34 Stat. p. 1415), the complaint containing two counts, the first alleging, in substance, that the defendant, in violation of the act, required and permitted one of its firemen, named Drew, “upon its line of railroad at and between the stations of Missoula in the state of Montana, and Avon in said state,” to be and remain on duty as such for a longer-period than 16 consecutive hours, to wit, from. 10 p. m. of May 1, 1912; to 10:30 p. m. of May 2, 1912, the said fireman at the time being “engaged in and' connected with the movement of said defendant’s train No. Extra, drawn by its own locomotive engine No. 1654, said train being then and there engaged in the movement of interstate traffic”; and the second count alleging, in substance, a similar violation of the act by the defendant company in requiring and permitting one of its firemen named Jenson “upon its line of…