The Lake Erie And Western Railroad Company v. James
| Citation | 35 N.E. 395,10 Ind.App. 550 |
| Decision Date | 24 November 1893 |
| Docket Number | 967 |
| Parties | THE LAKE ERIE AND WESTERN RAILROAD COMPANY v. JAMES |
| Court | Court of Appeals of Indiana |
Reported at: 10 Ind.App. 550 at 553.
From the Madison Circuit Court.
The judgment is reversed, with instructions to sustain the demurrer to the complaint.
W. E Hackedorn, J. W. Lovett and S. M. Keltner, for appellant.
D. W Wood and W. S. Shelton, for appellee.
The appellee sued appellant to recover damages for its refusal to receive and carry the remains of his deceased wife upon its passenger train.
The State Board of Health is created by statute, and, among other things, "they may adopt rules and by-laws subject to the provisions of this act, and in harmony with the other statutes in relation to the public health, to prevent outbreaks and the spread of contagious and infectious diseases." Section 5, Acts 1891, p. 16. In order to carry out the purposes of the law, this board adopted regulations concerning the transit of dead bodies. Rule 5 is as follows: "Every dead body must be accompanied by a person in charge, who must be provided with a ticket, and also present a full first-class ticket marked corpse,' and a transit permit from board of health or proper health authority, giving permission for the removal, and showing name of deceased, age, place of death, cause of death (and if of a contagious or infectious nature), the point to which it is to be shipped, medical attendant, and name of undertaker."
The transit permit presented by appellee to the appellant did not contain the name of the medical attendant, as required by this regulation. This being the case, was the refusal of the appellant wrongful?
That the legislature may confer upon the board of health power to make reasonable rules and regulations for the preservation of the public health, is not controverted. The powers thus given should be construed liberally, for the advancement of the purposes for which they were bestowed. Gregory v. City of New York, 40 N.Y. 273; Polinsky v. People, etc., 73 N.Y. 65.
It was clearly within the power of the board of health to make the regulation set out above, with reference to the transmission of dead bodies. Such a provision, reasonable in its character, should be upheld and sustained by the courts. The end sought to be accomplished by it is the protection of the people from the spread of contagious diseases.
Unless appellee,...
To continue reading
Request your trial
-
Lake Erie & W. Ry. Co. v. James
... ... Ellison, Judge.Action by John H. James against the Lake Erie & Western Railway Company for damages. From a judgment in favor of plaintiff, defendant appeals. Reversed.W ... We cannot agree that the railroad company must be satisfied with a permit signed by the health officer, authorizing the removal, ... ...