Atchison, T. & S. F. Ry. Co. v. United States

The plaintiff in error is charged in the complaint filed by the United States with having permitted three-of its employes to be and remain on duty for a longer period than 1(5 hours, to wit, from the hour of 10:40 p. m. on October 2, 1912, to the hour of 8:25 p. m. on October 3, 1912. It appears from the stipulated facts filed in the court below that the employés of the plaintiff in error were employed as conductor and brakeinen, respectively, on one of the trains of the plaintiff in error running between Parker, Arte., and Los Angeles, Cal.; that the employés went on duty at Parker, Arte., at 10:40 p. m. on October 2, 1912; that the train on which they were employed left Parker at 11:10 p. in. of that date, and arrived at Barstow, Cal., at 7:10 a. m. on October 3, 1912, having been delayed between the two points for a period of 2 hours and 30 minutes on account of washouts; that the train left Barstow, Cal., at 7:45 a. m. on October 3d, with ample time then remaining- to reach Los Angeles within less than 16 hours from the time the employés entered upon their duties, but while the train was being operated between Bar-si ow and San Bernardino an axle broke under the tank of an…