Oliver Wendell Holmes, Jr.

“ The statute makes the carrier who permits 'any employee' to remain on duty in violation of its terms, liable to a penalty 'for each and every violation.' The implication of these words cannot be made much plainer by argument. But it may be observed, as was said by the government, that as towards the public, every overworked man presents a distinct danger, and as towards the employees, each case, of course, is distinct. ”

“ The statute was not violated by the delay. That may have made keeping the men overtime more likely, but was not in itself wrongful conduct quoad hoc. The wrongful act was keeping an employee at work overtime, and that act was distinct as to each employee so kept. Without stopping to consider whether this argument would be met by the proviso declaring a 'delay' in certain cases not to be within the statute, it is enough to observe that there is nothing to hinder making each consequence a separate cause of action or offense, if by its proper construction the law does so ”

“ United States v. St. Louis Southwestern R. Co. 106 C. C. A. 230, 184 Fed. 28; People v. Spencer, 201 N. Y. 105, 111, 94 N. E. 614, Ann. Cas. 1912 A, 818.
One of the delays was while the engine was sent off for water and repairs. In the meantime the men were waiting, doing nothing. ”