State v. Railroad Co.
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case. This is an indictment found by the grand jury of Mineral county against the Baltimore and Ohio Railroad Company for laboring in its trade and calling of common carrier on. a Sabbath day to-wit, on May 27, 1873, in said county by running over its tracks its engine and cars, the same not being-used in household work or other work of necessity or charity.
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Green, Judge, furnishes the following statement of the case. This is an indictment found by the grand jury of Mineral county against the Baltimore and Ohio Railroad Company for laboring in its trade and calling of common carrier on. a Sabbath day to-wit, on May 27, 1873, in said county by running over its tracks its engine and cars, the same not being-used in household work or other work of necessity or charity. The case was tried at the May term, 1878, and the jury found the defendant guilty and assessed its fine at three hundred and eighty dollars, and the circuit court in pursuance of said…
1Opinion of the Court
Green, Judge:
The principal’question inthis ease is: Aresections 16 and 17 of chapter 149 of the Code of West Virginia in contravention of section 8, article I. of the Constitution of the United States (see Code W. Va. p. 8 and sec. 5,258 of Rev. Stat. of United States, title 64, p. 1,017 of 2d edition passed in pursuance of this provision of the Constitution,) in so far as it interferes with the transportation of coal or merchandise by a railroad company from the State of West Virginia into Maryland on a Sabbath day, when it is shown that such transportation is neither a work of necessity or…
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- The Daniel BallSupreme Court of the United States · 1871
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- State v. DentWest Virginia Supreme Court · 1884
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