(Download) "United States v. Thompson-Hayward Chemical Co." by United States Court of Appeals for the Eighth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: United States v. Thompson-Hayward Chemical Co.
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 10, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is a direct criminal appeal from a conviction of Thompson-Hayward Chemical Company under a two-count indictment which charged Thompson-Hayward with knowingly violating I.C.C. regulations relating to the proper preparation of shipping papers and requiring the use of an exterior warning placard on a shipment of battery acid, both in violation of 18 U.S.C. § 834. We reverse and remand for a new trial. Most of the facts were stipulated by the parties. Thompson-Hayward, through their officers and employees, were aware of the regulations in question, knew that they had the duty to placard the truck and prepare the shipping documents accordingly and acknowledged that this had not been done in this case. The driver of the truck acknowledged that he knew that the truck contained battery acid, knew that he was required to placard the truck and that he had on previous occasions applied the placard under similar circumstances. The warehouse superintendent who was charged with supervising shipping and loading procedures knew of the regulation relating to the shipping documents, knew that Thompson-Hayward was required to describe the battery acid thereon as ""Battery Electrolyte,"" and acknowledged that on this occasion the proper description was not used.

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