UNITED STATES v. NEW YORK CENT. R. R.

No. 3585.

117 F.2d 433 (1941)

UNITED STATES v. NEW YORK CENT. R. R.

Circuit Court of Appeals, First Circuit.

February 4, 1941.


Attorney(s) appearing for the Case

Alfred G. Malagodi, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., on the brief), for appellant.

Louis Kofsky, of Boston, Mass., for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and FORD, District Judge.


MAGRUDER, Circuit Judge.

The United States brought this action to collect from the railroad the statutory penalty imposed by Section 3 of the Cruelty to Animals Act, 34 Stat. 607, 45 U.S.C.A. § 73. This Act forbids carriers to confine animals in cars for a continuous period in excess of 36 hours without unloading the same into properly equipped pens for rest, water and feeding, "unless prevented by storm or by other accidental or unavoidable causes which can...

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