The opinion of the court was delivered by: ROSENBERG
This action was brought by the United States of America under the Hours of Service Act (45 U.S.C. §§ 61-64)
against the defendant, The Pennsylvania Railroad Company, a common carrier engaged in interstate commerce. The complaint as filed by the Government charges the defendant with violation of the Hours of Service Act by requiring and permitting the five employees on Extra 2230 East to remain on duty "for a longer period than sixteen consecutive hours."
The parties hereto have filed an Agreed Statement of Facts. In this it is indicated that the defendant has admitted the allegations of the first five Causes of Action and set at issue Causes of Action Six through Ten, and the penalty amounts.
I find from the Agreed Statement of Facts that:
On January 30, 1966, there were nine inches of old snow on the ground in the vicinity of Conway, Pennsylvania, and that the area received an additional four inches of snow with considerable drifting with high winds;
The defendant had a yard at Conway and operations there were hampered due to the weather conditions;
Some of the trains were being held short of the yard;
The defendant operates trains from Mingo Junction, Ohio, to Conway, Pennsylvania, a distance of about forty-six miles;
On January 30, 1966, Conductor Hoffman, Flagman McDowell, Brakeman Chapman, Engineer Brandon and Fireman Tush went on duty at 5:30 A.M. at Mingo Junction as the crew of Extra 2230 East;
The train was delayed on account of engine trouble and about 10:00 A.M. the crew was required to exchange the engine at the engine house for another locomotive;
Eventually Extra 2230 East departed from Mingo Junction at 1:36 P.M. with 56 cars en route to Conway;
At about 3:15 P.M., Extra 2230 East arrived at Beaver, Pennsylvania;
Brakeman Chapman went to a nearby phone and asked the operator at Rochester when the train could be moved, and "The operator informed Brakeman Chapman that the crew was to relieve themselves of responsibility at the expiration of their 16 hours which were due to expire at 9:30 P.M. He also informed ...