John W. Notte v. Rutland Railroad Co.

• Citation: 23 A.2d 626,112 Vt. 305
• Parties: JOHN W. NOTTE v. RUTLAND RAILROAD COMPANY
• Decision Date: 13 January 1942
• Court: United States State Supreme Court of Vermont

23 A.2d 626

112 Vt. 305

JOHN W. NOTTE v. RUTLAND RAILROAD COMPANY

Supreme Court of Vermont

January 13, 1942

January Term, 1942.

Bills of Exception.---1. Intention of Legislature in Statutory Construction.---2. Same Meaning to Same Word in Statutes.---3. Statute Construed with Reference to Law Mischief and Remedy.---4. Necessity of Statute Considered in Construction.---5. Title of Act Considered.---6. Bills of Exception by No. 34 of Acts of 1941.---7. Appeal Period of P L. 6550 Inconsistent With That of No. 34 of Acts of 1941.

1. The fundamental rule in construing statutes is to ascertain and give effect to the intention of the Legislature.

2. When in a later act on the same general subject matter the Legislature makes use of a particular word or form of words which the courts have construed, it is to be presumed, in the absence of anything to the contrary, that it used such words in the sense attributed to them by such construction.

3. A statute is to be construed with reference to the whole law the mischief and the remedy.

4. The occasion or necessity of making a statute and its application to existing circumstances may be considered in construing it.

5. The title of No. 34 of the Acts of 1941 shows an intention of the Legislature to standardize the passing of causes to this Court from the various lower tribunals there indicated.

6. By No. 34 of the Acts of 1941 the time for filing a bill of exceptions in all causes to be passed from the court of chancery, a probate court, the Public Service Commission, the Commissioner of Industrial Relations or any other board or commission from which an appeal may be taken to the Supreme Court is now governed entirely by the provisions of P. L 2068 which allows thirty days unless a longer or shorter time is fixed as therein provided.

7. The fifteen-day period for the filing of an appeal to the Supreme Court from an award of the Commissioner of Industrial Relations, P. L. 6550, is inconsistent with the thirty-day period for the filing of the bill of exceptions by Section 1 of No. 34 of the Acts of 1941 so by Section 2 of No. 34 of the Acts of 1941 the thirty-day period prevails.

APPEAL from Commissioner of Industrial Relations. Claimant received injury to his left eye while working for his employer, W. E. Navin, Receiver of the Rutland Railroad Company. Compensation was agreed upon. Thereafter the Commissioner. Howard E. Armstrong, made findings of fact and denied additional compensation on the basis of permanent and total disability, case dismissed on November 4, 1941. Employee filed bill of exceptions on November 25, 1941, and cause passed to Supreme Court where employer filed motion to dismiss on the ground that the bill of exceptions was not seasonably filed. Further facts appear in the opinion. Motion overruled.

Motion overruled.

E. W. Lawrence for defendant.

Bove, Billado & Dick for appellant.

Present: MOULTON, C. J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS, JJ.

OPINION

SHERBURNE

The question for consideration here is raised by a motion to dismiss the exceptions to an award of the Commissioner of Industrial Relations. The award was made and copies thereof were sent to the parties on November 4, 1941. The bill of exceptions was filed on November 25, 1941. The ground of the motion is that the bill of exceptions was not seasonably filed.

No. 34 of the Acts of 1941, entitled "An Act to Standardize the Passings of Causes to the Supreme Court," provides as follows:

"Section 1. In all causes before the court of chancery, probate court, public service commission, commissioner of industrial relations, and any other board or commission, in which an appeal has heretofore been given direct to the supreme court, exceptions may be taken and the cause passed to the supreme court in the same manner as if passed to the supreme court from the county court; and with respect thereto a chancellor, judge, commissioner or chairman of a board or commission shall respectively have the powers and duties given to the presiding judge and clerk of the county court by chapter 89 of the Public Laws; provided, however, that in causes where such appeals have heretofore been allowed only by permission of a court, commission or board, exceptions may be taken only upon like permission.

"Sec. 2. The force and effect of all statutes giving an appeal to the supreme court in causes mentioned in section 1 hereof to the extent only that they are inconsistent with the provisions of this act, are hereby suspended so long as this act shall remain in force and the provisions of this act shall control as to the method of taking such causes to the supreme court so long as this act shall remain in force, but nothing in this act shall be construed to affect appeals taken prior to the passage of this act."

Prior to the enactment of this act an appeal could be taken to this Court from an award of the Commissioner of Industrial Relations if taken within fifteen days after copies of the award had been sent out. P. L. 6550. The defendant contends that under the provisions of the 1941 act a bill of exceptions must also be filed within such fifteen days.

The act follows so closely the language used in P. L. 1431, relative to passing causes from a municipal court to this Court, that it is apparent that it was modeled thereon. That statute provides:

"In all causes * * * exceptions may be taken in a municipal court and the cause passed to the supreme court and there decided in the same manner as if passing to the supreme court from the county court; and with respect thereto the judge of the municipal court shall have the powers and duties given to the presiding judge and clerk of the county court by chapter 89."

This statute has been several times construed, and the time for filing exceptions has been held to be governed by the provisions of P. L. 2068 relative to exceptions from a county court. See Jones v. Metcalf 95 Vt. 67, 112 A. 831; Sherwin v. Ladd and...