State v. Baltimore & O.R. Co.
| Citation | 56 S.E. 518,61 W.Va. 367 |
| Parties | STATE v. BALTIMORE & O. R. CO. |
| Decision Date | 19 February 1907 |
| Court | West Virginia Supreme Court |
Submitted January 15, 1907.
Syllabus by the Court.
Chapter 69, p. 179, of the Acts of 1891 section 71a of chapter 54 of the Code of 1899 [section 2382, Code of 1906]), requiring railway companies and persons operating railroads to provide and keep, among other things, for the accommodation of travelers, suitable water-closets "at all stations," does not contemplate the maintenance and keeping of such retiring places at what are commonly known as "flag stations," mere open platforms in connection with which no station buildings, offices, or agents are kept.
A statute is to be interpreted in the light of the nature of its subject-matter, the purpose of the Legislature in passing it, and the conditions and circumstances under which the lawmaking body must have known it would operate; and, upon these considerations, it will not be so interpreted as to make it impose unreasonable burdens, greatly disproportionate to the resultant public benefit, unless its terms are so explicit and positive as to preclude any other construction.
Error to Circuit Court, Barbour County.
The Baltimore & Ohio Railroad Company was convicted of violation of a statutory provision, and brings error. Reversed and remanded.
Fred. O. Blue, for plaintiff in error.
C. W May, Atty. Gen., for the State.
The Baltimore & Ohio Railroad Company complains of a judgment convicting it under an indictment charging violation of section 1, c. 69, p. 179, of the Acts of 1891, constituting section 2382 of the Code of 1906, by failure to maintain a water-closet at its alleged station in Barbour county called "Cove Run," and imposing a fine of $10. 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 words ""flag station," on the other. It is a matter of knowledge and information common to legislators, judges, and all other persons that, as a general rule, there is no necessity for the maintenance of retiring...
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