Northern Pac. Ry. Co. v. Finch

Citations

• 225 F. 676
• 1915 U.S. Dist. LEXIS 1302

Syllabus

<p>1. Statutes <@=>176—Twenty-Eight Hour Law—Construction—Question for Court.</p> <p>The court must construe proviso in Twenty-Eight Hour Law (Act June 29, 1906, c. 3594) § 3, 34 Stat. 607 (Comp. St. 1913, § 8653), providing that, when animals are carried in, cars in which they can and do have opportunity to rest, the provisions as to unloading shall not apply, and it is error to submit the meaning of the proviso to the jury.</p> <p>[Ed. Note.—For other cases, see Statutes, Cent Dig. § 255; Dec. Dig. <@=>176.]</p> <p>2. Carriers <@=>211—Transportation of Live, Stock—Twenty-Eight Hour Law—Room in Cars—“Opportunity to Rest.”</p> <p>The proviso in Twenty-Eight Hour Law, § 3, that when animals are carried in cars in which they have opportunity to rest the provision as 1;o unloading shall not apply, deals with the structure of a car in which animals are transported, without taking into account the habits of animals, and where a car is so constructed that animals transported therein have no opportunity to rest by lying down, the carrier must unload them, for “opportunity to rest” means opportunity to lie down.</p> <p>^^For other cases see same topic & KEY-NUMBER, in all Key-Numhered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 926-92S; Dec. Dig. <3=>21U</p> <p><§£s>ifor oilier eases see same topic & KEY-NUMBER m all Key-Numbered Digests & Indexes</p>