Oregon Short Line R. v. United States

The United States brought an action for judgment against Oregon Short Line Railroad Company to recover penalties under the act approved March 4, 1907 (34 Stat. L. 1415), entitled “An act to promote the safety of employes and travelers upon railroads by limiting the hours of service of employés thereon.” For a first cause of action plaintiff alleged that defendant, during the 24-hour period beginning at 7 a. m., April 2, 1915, at its office and station *585 at Shelley, Idaho, “required and permitted” its certain telegraph op' erator and employé, A. R. Weston, to remain on duty for a longer period than 9 hours in that 24-hour period, namely, from 7 a. m. to 8 p. m.; that during all the times mentioned the office and station was one continuously operated night and day; and that the employé, while “required and permitted” to be and remain on duty, by the use of the telegraph or telephone received and delivered orders pertaining to and affecting the movement of trains engaged in interstate commerce. The allegations of the three causes of action that follow the first are similar, except for differences in dates and hours.

Defendant' denied that during the 24-hour period commencing at 7…