Oregon-Washington R. & Nav. Co. v. United States

This is an action on the part of the United ¡States to recover from the Oregon-Washington Railroad & Navigation Company 10 penalties of $100 each, for violations 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. p. 1415). It is admitted that the Railroad Company is and was at the times mentioned in the complaint a common carrier organized and doing business under the laws of the state of Oregon and having an office and place of business at Wallula in the state of Washington, and that it was during said times engaged in interstate commerce. The complaint contains 10 counts, alleging excess of service of one Longabaugh at the office and station of the Railroad Company at Wallula, in the state of Washington. This station was continuously operated night and day, and the excess of service rendered by Longabaugh was for a period of 10 days, from April 21, to April 30, 1913, both days inclusive, and consisted in being on duty at the station from 7 a. m. to 7 p-. m. as agent, and from 7 p. m. until midnight as telegraph operator. The circumstances…