Lake Erie & Western Railroad v. James

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…