Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-05-09
TARD|FF,BREWER
MUST STAND TRIAL

peaied--Supreme y o u I {
Decides Handcar Is Rail-
road Car in Meaning of
Statute
Bangor, Ne, May S.-Under the rui-
ing of the Supreme court, in d re-
script drawn by Associate Justice
Spear, Edmund Tardiff of Brewer who
was indicted by the grand Jury for
Penobscot county, must stand trial
on the charge of setting in motion
a railroad car of the Bangor 1; Aroos-
took Railroad at Glenburn ON Aug. II,
1918. At the time the indictment was
found Tardiff's counsel filed a demur-
rer, which was oyerruled by the pre-
siding justice. Exceptions were taken
and the matter went to the law court.
The rescript was received Thursday,
at the office of Clinton C. Stew ens,
clerk of courts for Penobscot county.
It follows:
Penobscot S. State of Maine VS.
Edmund Tardiff.
! Rescript, Spear, j.
| This case comes up on exceptions to
the overruling of a demurrer TO the
| following indictment; THE Grand Jur-
ors for the state aforesaid, upon their
oath present that Edmund Tardiff
otherwise known as Edmond Tardiff
of Brewer in the County of Penobscot
on the twelfth day of August in the
year of our Lord one thousand nine
hundred and thirteen at Glenburn in
the County of Penobscot, aforesaid,
| wilfully, mischievously and malicious
ly entered upon the railroad track of
the Bangor and Aroostook Railroad
Company, a corporation then and there
owning and operating a steam rail
road in and through the State of
Maine, and without consent of or per-
mission from said Bangor and Aroos-
took Railroad Company then and there
wilfully, miSchievously and maliciously
set in motion on the track OF said
Railroad company in said Gleuburn a
railroad car, to Wit, railroad hand
car, and propelled the same for a
great distance along said track, against
| the peace of said state, and contrary
| to the form of the statute in such
| case made and provided. The statute
upon which this indictment was based
| reads as follows. Whoever wilfully
mischievously or malicioasly breaks
| and enters any railroad ear on any
| railroad in the state, or destroys, in
| jures, defiles or defaces any railroad
| car on any railroad in the state, or
| mischievously or maliciously releases
| the brakes upon, moves or sets in
| motion any railroad car on the track
| or side track of any railroad in the
| state, shall be punished by imprison-
| ment not exceeding two years, OF by
| fine not exceeding $500, and shall also
| be liable to the corporation injured
| in an action of trespass for the amount
| of injury so done, and for a further
sum not exceeding in all three times
| such amount as the jury deems rea-
| sonable." The only question involved
| is, Does the term railroad car" as
| used in the above section, include a
| hand carr" Or, in other words, is a
railroad hand car" a railroad car"
within the meaning of the statute. We
| think it is. This statute embraces sew
eral offenses each punished by the
same penalty. The offense for which
| the respondent was indicted is found
in this clause: Whoever wilfully, mis-
| chieVously or maliciously re-
moves or sets in motion any railroad
| car on the track or side-track of any
| railroad in this state shall be punish
ed" etc.
| The undoubted purpose and object of
this statute was not only to prevent
| annoyance and damage to the railroad
| itself, but to protect the travelling pub
| lie against accident from any possible
collision with a railroad car which
! might thus be moved or set in motion
upon the track. 1t is not improbable
that the dominant purpose of this
| clause was thus to protect travellers
against accident and injury. If this
| Interpretation of the purpose is cor
rect, then the broadcast possible defini-
| ton should be given to the words
railroad car 1t should include any
and every vehicle constructed and cal
! culated for operation over railroad
tracks, since any vehicle capable of so
being operated, whether moved and
running wild, or in the hands of an
irresponsible person, may be the effic-
| lent cause of a serious railway acct
dent. The dictionary definitions. are
| in harmony with this view. AS applied
to railroad, Webster defines car, a
vehicle adapted to the rails of rail-
| road" the Century Dictionary, "a We
hicle running upon rails We think
| the word car as used in the clause
Of the statute under consideration
should be regarded as generic term
and intended to cover every kind of
a vehicle adapted to the use of rails.
Executions overruled.