MERRILL, Justice.
The Western Pacific Railroad Company has appealed from judgment of the trial court that the state recover the statutory penalty of $500 for violation of the Nevada "full crew law" and from order of that court denying motion for new trial. The applicable statute provides (sec. 6318, N.C.L. 1929):
"It shall be unlawful for any person, firm, company or corporation engaged in the business of common carrier, operating freight and passenger trains...
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