The opinion of the court was delivered by: FOLLMER
This suit was instituted against the defendant under the Hours of Service Act, 45 U.S.C.A. 61-64, alleging that it 'required and permitted' five of its employees to remain on duty for a longer period than 'sixteen consecutive hours' in the movement of its train 'extra east drawn by its locomotive engine No. 1799' between East Altoona, Pennsylvania, and Troy, Pennsylvania. As to two employees, it is alleged the period was from 4:35 o'clock A.M. to 11:05 o'clock P.M., and as to the other three employees from 4:50 o'clock A.M. to 11:05 o'clock P.M. If a three hour 'rest period' is included in 'on duty', this is a consecutive period of 18 hours 30 minutes and 18 hours 15 minutes respectively; if not included, it would be 15 hours 30 minutes and 15 hours 15 minutes respectively.
1. The engineer and fireman went on duty at East Altoona, Pennsylvania, at 4:35 o'clock A.M., on February 12, 1948.
2. The conductor and the two trainmen went on duty at East Altoona, Pennsylvania, at 4:50 o'clock A.M., on February 12, 1948.
4. At Newberry, which is the designation of a part of the Williamsport, Pennsylvania, terminal yard, the crew was directed to pull in on a siding.
5. The crew was relieved at 2:10 o'clock P.M. and instructed to return to duty at 5:10 o'clock P.M.
6. The Company operated bunk room, containing twenty bunks, at Williamsport, Pennsylvania, is located about two and nine-tenths of a mile from Newberry.
7. The New York Central operates a restaurant located opposite the Newberry Yard Office and at a distance of about three to four city blocks from this particular train and siding.
8. There are numerous tourist homes available for rest periods within a half mile of Newberry, and one within three-tenths of a mile of the Newberry Yard Office with rooms available on that date, as well as a hotel about nine-tenths of a mile distant, also with rooms available.
9. The train included a caboose with a stove and five bunks equipped with hair mattresses.
1. The three hour respite from 2:10 o'clock P.M. to 5:10 o'clock P.M. was ...