Kellam v. State

Court of Appeals of Georgia

Kellam v. State

67 S.E. 683, 7 Ga. App. 575, 1910 Ga. App. LEXIS 398

CourtCourt of Appeals of Georgia

DecidedApril 6, 1910

Docket2390

StatusPublished

Cited by2 cases

This text of 67 S.E. 683 (Kellam v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kellam v. State, 67 S.E. 683, 7 Ga. App. 575, 1910 Ga. App. LEXIS 398 (Ga. Ct. App. 1910).

Pincite

Opinion

Hill, C. J.

1. Tlie legislature of this State has expressly or by necessary implication made it legal to operate passenger and mail trains on Sunday. Penal Code, §420. Therefore, any work necessary to the running of such trains is be regarded as a “work of necessity,” and is within the exception of section 422 of the Penal Code, which prohibits any person from pursuing his business or the work of his ordinary calling-on the Lord’s day. Southern Ry. Co. v. Wallis, 133 Ga. 553 (66 S. E. 370).

2. The furnishing of water for the use of locomotives is necessary to the operation of trains, and the necessary repair of a water tank at a point on the railroad where it is customary for locomotives to obtain water, when it appears that a supply of water can not be conveniently obtained elsewhere, is a “work of necessity;” and the conviction of an employee of the railroad company of a violation of section 422 of the Penal Code, because of his act in repairing such a tank on the Sabbath day, is unauthorized. Judgment reversed.

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Hill, C. J.

1. Tlie legislature of this State has expressly or by necessary implication made it legal to operate passenger and mail trains on Sunday. Penal Code, §420. Therefore, any work necessary to the running of such trains is be regarded as a “work of necessity,” and is within the exception of section 422 of the Penal Code, which prohibits any person from pursuing his business or the work of his ordinary calling-on the Lord’s day. Southern Ry. Co. v. Wallis, 133 Ga. 553 (66 S. E. 370).

2. The furnishing of water for the use of locomotives is necessary to the operation of trains, and the necessary repair of a water tank at a point on the railroad where it is customary for locomotives to obtain water, when it appears that a supply of water can not be conveniently obtained elsewhere, is a “work of necessity;” and the conviction of an employee of the railroad company of a violation of section 422 of the Penal Code, because of his act in repairing such a tank on the Sabbath day, is unauthorized. Judgment reversed.

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Bluebook (online)

67 S.E. 683, 7 Ga. App. 575, 1910 Ga. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellam-v-state-gactapp-1910.

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