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

[1, 2] The motion for a directed verdict in this case raises the question as to whether the defendant company has accounted by its testimony for the excess service. It is admitted that the crews on these several trains were actually on duty in excess of the time limited by the statute. The burden is therefore upon the defendant to show that that excess service was justified by the exception contained in this act. This act provides that it shall be unlawful for any common carrier, its officer or agent, subject to this act, to require or permit an employé subject to the act to be or remain on duty for a longer period than 16 consecutive hours, and whenever any such employé of such common carrier shall have been continuously on duty for. 16 hours, he shall be relieved and not required or permitted to again go on duty until he has had at least 10 consecutive hours off duty: Provided, however, that this requirement shall not apply in case of casualty or unavoidable accident or the act of God, nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of the employés at the time the employés left the terminal and which could not have been…