37 Ind. App. 526 | Ind. Ct. App. | 1906
The affidavit upon which the prosecution was founded was filed by David E. Spees, chief deputy state inspector of the department of inspection of the State of Indiana, before William C. Smock, a justice of the peace in Center township, Marion county, of said State. It is alleged that Ered Hoffmeyer was superintendent of and in charge of a workshop for the repair' and manufacture of articles, and that Henry Courtat was foreman of said shop; that the shop was owned and controlled by the Indianapolis Traction & Terminal Company, a corporation controlling and conducting a street railway in the city of Indianapolis, Marion county, Indiana; that on or about April 24 an accident happened in said shop to M. L. Weaver, and that said Éred Hoffmeyer and Henry Courtat failed to report the accident, in writing, within forty-eight hours of its happening, to the chief inspector of the State of Indiana. The defendants moved to quash the affidavit, which motion was overruled. The motion to quash the affidavit as to Henry Courtat was sustained. The case was tried before Justice of the Peace Smock, and the defendant was found guilty and fined $1 and costs. An appeal was taken from said judgment to the Marion Criminal Court, and there the case was submitted to the court without a jury, upon an agreed statement of facts, the defendant Ered Hoffmeyer pleading not guilty. Hpon the facts submitted the court found the defendant guilty as charged and fixed his fine at $5.
There are in said shops planing machines, shapers or fizzers, circular saws, band saws, rip saws, cut off saws, gig saws, jointers, lathes, mortise machines, stickers and all kinds of hand tools, said saws and machines being run by electric motor power. No article therein, or upon which , any work is done therein, is sold or offered for sale, or prepared for sale, or to be offered for sale, either directly or indirectly. Ro mining, quarrying, laundry work, renovating, baking or printing is done in said shop or any part thereof, or on any floor of any part thereof. Said shop and every part thereof, and every tool and machine of any kind contained therein are used, and every person employed in or about the same is engaged, solely and exclusively in the repair of such other cars or other property or articles belonging to said Indianapolis Traction & Terminal Company, and are in use in such company’s business of transporting passengers for hire, for the purpose of keeping said cars or other appliances in condition to carry on said business.
By section one of the act of 1899, supra (§Y08Ya Burns 1901), the act is made to apply to “any manufacturing or mercantile establishment, laundry, renovating works, bakery or printing-office.” By section eighteen (§Y08Yr Burns 1901) the language in the act is interpreted to have the following meaning: “The words 'manufacturing or
The facts show that the principal work of the shop was in the way of repair for the purpose of keeping the cars and other appliances of the traction company in condition to carry on its business; that to an inconsiderable extent some articles were manufactured, but the shop in question is within the statute, being a workshop as defined by Webster, supra, and the judgment is therefore affirmed.