Pierce Butler

“ As between the government and respondent, the latter's breach is precisely the same in kind and degree as it would have been if its yardmaster's failure had been intentional instead of merely negligent. The duty violated did not arise out of the relation of employer and employee but was one that, in virtue of the statute, was owed by respondent to the shippers and the public. As respondent could act only through employees, it is responsible for their failure. ”

“ Considered as unaffected by the yardmaster's negligence, respondent's failure to take the cattle from the car already placed at the yard for unloading, unquestionably discloses disregard of the statute and indifference to its requirements and compels the conclusion that, within the meaning of section 3, 45 U.S.C.A. § 73, respondent willfully violated its duty to unload as required by section 1, 45 U.S.C.A. § 71. It is immaterial whether the yardmaster's negligence or oversight was intentional or excusable. ”

“ But in this case, the respondent knew when the permissible period of confinement would expire, brought the car to destination, and within the time allowed, placed it for unloading. By allowing the 36 hours to expire, it 'knowingly' failed to comply with the statute.
Mere omission with knowledge of the facts is not enough. The penalty may not be recovered unless the carrier is also shown 'willfully' to have failed. In statutes denouncing offenses involving turpitude, 'willfully' is generally used to mean with evil purpose, criminal intent or the like. ”