Southern Pac. Co. v. United States

The complaint filed in this case contains 12 counts. The first 6 only are involved in the present controversy. It is charged in the complaint that the defendant is a common carrier; that in violation of the act of Congress, entitled “An act to promote the. safety of employés and travelers upon railroads by limiting the hours of service of employés thereon,” approved March 4, 1907 ( 34 Stat. 1415 ), the defendant, beginning at the hour of 5:30 a. m. •on December 21, 1912, upon its line of railroad between the stations of Eordsburg, in the state of New Mexico, and Benson, in the state of Arizona, required and permitted the conductor, B. T. Sullivan, the engineer, Billy F. Faker, the fireman, Frank H. Kempf, and three trainmen, W. E. Brown, H. F. Peacock, and C. G. Plarrison on regular local freight train extra west, drawn by locomotive engine No. 2813, engaged in interstate traffic, to be and remain on duty for a longer period than 16 consecutive hours. The defendant’s answer denied any violation of the act of Congress.

[1, 2] The case was tried before the court and a jury. At the close of the evidence the plaintiff moved for a directed verdict in its favor upon each of the causes…