A Digest Of Decisions Including Dicta Under The Federal Safety Appliance And Hours Of Service Acts

Author : Otis Beall Kent
Publisher :
ISBN 13 : 9781332322947
Total Pages : 318 pages
Book Rating : 4.3/5 (229 download)

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Download or read book A Digest of Decisions (Including Dicta) written by Otis Beall Kent and published by . This book was released on 2015-08-05 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Digest of Decisions (Including Dicta): Under the Federal Safety Appliance and Hours of Service Acts This volume, prepared by direction of the Interstate Commerce Commission, is designed for the convenience of United States attorneys and railway officials engaged in the administration of the Safety Appliance and Hours of Service Acts. It comprehends the subject matter of "An Index-Digest of Decisions under the Federal Safety Appliance Acts" published by the Commission in 1910 and include in addition thereto, a digest of decisions under the Hours of Service Act, and of cases decided subsequent to January 1, 1910, in which the Safety Appliance Acts have been construed. Since the publication of the former volume several controverted questions have been settled. In Chicago B. & Q. By. Co. v. U. S (220 U. S., 559), the Supreme Court applied, in a penal action under the Safety Appliance Acts, the rule of absolute liability previously announced by that tribunal in the Taylor Case (210 U. S., 281), as applicable in an action for personal injury; and in Delk v. St. Louis de S. F. B. Co.(220 U. S., 580), this rule was cited as established law. In Southern Ry. Co. v. U. S.(222 U. S., 20), the Safety Appliance Acts were construed as applicable to all cars moved over any railroad which is a highway of interstate commerce. Other principles of interpretation not decided by the Supreme Court have come to be so well established by decisions of the various District Courts and Circuit Courts of Appeals that they are no longer seriously contested. Consideration of these questions in the present volume therefore has been restricted in each instance to an affirmative statement of the proposition involved, together with a literal excerpt or excerpts from one or more of the decisions in which the point has been decided or discussed, and appropriate references to other decisions in which these rulings have been cited with apparent sanction, or in which a similar conclusion has been reached. On the other hand, new questions have arisen under the proviso in the Safety Appliance Act of April 14, 1910, and under the Hours of Service Act, and, notwithstanding the practical unanimity of judicial utterance in the premises, these points are frequently contested in the courts. In their presentation, therefore, in the present volume, the various decisions of the courts in favor of or adverse to the points involved are quoted in extenso. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.