Chicago & Northwestern Railway Co. v. United States

Citations

• 246 U.S. 512
• 38 S. Ct. 351
• 62 L. Ed. 859
• 1918 U.S. LEXIS 1570

Syllabus

<p>The. “28 Hour Law,” forbidding interstate railroads from confining animals in cars beyond a certain period without unloading them for rest, water and feeding, unless prevented by accidental or unavoid- - able causes which cannot be anticipated or avoided by the exercise of due diligence and foresight, and subjecting every such carriér • who knowingly and wilfully fails to comply therewith to a penalty, must be construed with a view to carrying out its humanitarian purpose, but the. exception in favor of the carrier must be given proper latitude and-enforced in the light of practical railroad conditions.</p> <p>If, in the exercise of ordinary care, prudence and foresight, the carrier reasonably expects that, following the determined schedule, the containing car will reach destination, or some unloading place, within the prescribed time, it properly may be put in transit. Thereafter, . the duty is on the carrier to exercise the diligence and foresight which prudent men, experienced in such matters, would adopt, to prevent accidents and delays and to overcome the effect of any which may happen, with an honest purp.osé always to secure unloading within the lawful period. If, notwithstanding all this, unloading is actually prevented by storm or accident the reasonable delay must . be excused.</p>