61 W. Va. 367 | W. Va. | 1907
The Baltimore and Ohio Bailroad Company complains of a judgment, c'onvicting it under an indictment, charging violation of section 1 of chapter 69 of the Acts of 1891, constituting section 2382 of the Code of 19063 by failure to maintain a water closet at its alleged station in Barbour counts'-, called Cove Bun, and imposing a fine of ten dollars.
At the so-called station, the railway company has a water tank and a small platform for the accommodation of passengers and the reception and discharge of freight, but sells no tickets, keeps no office, and rarely collects any freight charges there, freight on all shipments to and from that point being prepaid. There are three dwelling houses close to the platform, of which one is owned by the daughter of Geo. W. Johnson, another by the wife of said Johnson and the third by some one whose name is not disclosed. The house owned by Johnson’s daughter is used for dwelling and mercantile purposes. Johnson lives in it with his family and his wife has a grocery store in a portion of it. In'the room used for the grocery, the daughter keeps the post office, and persons waiting for trains are allowed to use that room in return for which accommodation the railroad company furnishes coal to maintain the fire. The house owned- by Johnson’s wife is vacant and the third house is occupied by one Murphy. There is no other house nearer than half a mile. The station is what is known as a flag station, and the question presented is whether it is a station within the meaning of said statute, requiring all railroad companies to provide and keep for the accommodation of travelers suitable water-closets “at all stations.”
Obviously the words “all stations” literally include flag stations, but the words used by the legislature must be interpreted in the light of the nature of the subject matter of the statute and the conditions and circumstances, suggested respectively by the term “station” on the one hand, and the
'In thus considering the nature of the subject matter of the statute and the facts which have been within the knowledge of the legislature, and adopting a construction which will make the statute operate reasonably and justly, we are sustained by the great weight of authority. ‘ ‘The character of the accommodations required varies, of course, with the amount of business done ata particular point, for accommodations of the same character cannot be expected in cities and at way stations; and this rule has been recognized even in jurisdictions where statutes exist upon the subject. In the case of
The defendant undertook to prove, by a witness- and by the introduction of a copy of its time table, that the station in question is a mere flag station. To the introduction of this evidence, an objection interposed by the state, was sustained. This is assigned as error, and, from what has been said, it is apparent that the exception was well taken. The evidence should have been admitted.
For the reasons stated, the judgment will be reversed, the verdict set aside and the case remanded for a new trial.
Reversed. Remcmded.