Kellam v. State

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…