United States v. Illinois Central R. Co., 303 U.S. 239 (1938)

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United States v. Illinois Central R. Co.

No. 352

Argued January 14, 17, 1938
Decided February 28, 1938
303 U.S. 239

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Cattle in a railway car were brought to the place where they were to be unloaded for water, feed and rest, as required by the Act of June 29, 1906, arriving there before the period allowed by the Act for their continuous confinement in the car had expired, but unloading was delayed beyond that period owing to the fact that the carrier’s yardmaster, aware of the situation, negligently failed to notify another employee of the carrier whose duty it was to unload them. Held that the carrier "knowingly and willfully" failed to comply with the statute, and was subject to the penalty thereby prescribed. P. 242.

In statutes denouncing offenses involving turpitude, "willfully" is generally used to mean with evil purpose, criminal intent or the like, but, in those denouncing acts not in themselves wrong, it often denotes conduct which is intentional, or knowing, or voluntary, as distinguished from accidental, or conduct marked by careless disregard of its rightfulness.

90 F.2d 213, reversed.

Certiorari, 302 U.S. 671, to review the affirmance of a judgment for the Railroad Company in an action by the United States to recover a penalty.