San Pedro, L. A. & S. L. R. v. United States

Two actions brought in the court below by the government against the San Pedro, Los Angeles & Salt Lake Railroad Company — one there numbered 106 and the other 243 — were consolidated for trial before the court with a jury, and were submitted upon an agreed statement of facts and upon the uncontradicted testimony of one witness, sworn on behalf of the plaintiff in the action. The cases have also been submitted together here. Both actions were based upon the act of Congress known as the “Hours of Service Act,” approved March 4, 1907, entitled “An act to promote the safety of em-ployés and travelers Upon railroads by limiting the hours of service of employés thereon” ( 34 Stat. 1415 ). The complaint in case numbered 106 contained five counts, one of which was withdrawn by the plaintiff, and in respect to one of which a verdict for the defendant company was returned under instructions of the court, leaving the first three counts of that complaint for consideration here.

The second section of the act of Congress provides:

The thirfi section provides the penalties for violations of the provisions of section 2 and for prosecutions, of such violations, and contains two provisos, the…