Co-operative Legislative Committee of Transportation Brotherhoods & Brotherhood of Maintenance of Way Employees v. Public Utilities Commission

Ohio Court of Appeals

Co-operative Legislative Committee of Transportation Brotherhoods & Brotherhood of Maintenance of Way Employees v. Public Utilities Commission

29 Ohio Law Rep. 44

Ohio Court of Appeals·Decided December 9, 1964·No. 38632·Published

Opinion

Appeal from the Public Utilities Commission of Ohio. Taft, Chief Justice.

1. Section 4999.08, Revised Code, being a penal statute, must be strictly construed.

2. Where reasonably possible, a statute should be given a construction which will avoid rather than a construction which will raise serious questions as to its constitutionality.

3. The words “engine or locomotive” as used in Section 4999.08, Revised Code, do not include a tractor-like vehicle equipped with both railroad wheels and rubber tires which may be operated either on railroad tracks or on roads and which is used to move railroad cars around a re-pairshop yard. (New York Central Rd. Co. v. Public Utilities Commission, 121 OhioSt., 383, distinguished.)

Order affirmed.

Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

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Appeal from the Public Utilities Commission of Ohio. Taft, Chief Justice.

1. Section 4999.08, Revised Code, being a penal statute, must be strictly construed.

2. Where reasonably possible, a statute should be given a construction which will avoid rather than a construction which will raise serious questions as to its constitutionality.

3. The words “engine or locomotive” as used in Section 4999.08, Revised Code, do not include a tractor-like vehicle equipped with both railroad wheels and rubber tires which may be operated either on railroad tracks or on roads and which is used to move railroad cars around a re-pairshop yard. (New York Central Rd. Co. v. Public Utilities Commission, 121 OhioSt., 383, distinguished.)

Order affirmed.

Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

Co-operative Legislative Committee of Transportation Brotherhoods & Brotherhood of Maintenance of Way Employees v. Public Utilities Commission, 29 Ohio Law Rep. 44 (Ohio Ct. App. 1964).

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29 Ohio Law Rep. 44 (Co-operative Legislative Committee of Transportation Brotherhoods & Brotherhood of Maintenance of Way Employees v. Public Utilities Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.