Toedtemeier v. Clackamas County
Toedtemeier v. Clackamas County
Opinion of the Court
delivered the opinion.
This action is for the recovery of damages alleged to have been sustained through the negligence of the defendant. It is alleged, in substance, that one Ernest Boeckman, an employee of the plaintiffs, while driving a team attached to a portable steam engine, the property of the plaintiffs, on a bridge spanning Kruse Creek, which it was the duty of the county to maintain and keep in repair, was, by reason of its breaking down, precipitated, with said team and engine, into said Kruse Creek, a distance of some eighteen feet, whereby said team was wounded, hurt, and bruised, and said engine partially,
In the view we have taken of the matter, it will only be necessary to consider the first of these propositions at this time. The section alluded to is Section 3 of “An act to regulate the passage of bicycles, tricycles, velocipedes, traction, and portable engines on the public highways, or streets, in this state,” approved November 25, 1885. The first, second, and third sections of that act are as follows:
“Section 1. It shall be the duty of any person or persons in charge of any steam portable or traction engine, propelled wholly or in part by steam, over the public highways, or streets in this state, to bring the said*69 portable or traction engine to a stop when within one hundred yards of any person or persons going in the opposite direction with a team or teams, and remain stationary until said team or teams shall have passed by.
“Section 2. It shall be unlawful to blow the steam whistle of such portable or traction engines while upon the public highway, or while passing oyer the streets of any city, town, or village in this state.
“Section 3. It,shall be unlawful for any person or persons to drive any steam traction or portable engine over any bridge or culvert on any public street or highway within this state, without using on such bridge or culvert, for the purpose of securing its safety, four stout pieces of plank, each of which shall be at least ten feet in length, one foot in width, and two inches in thickness, two of the said pieces of plank to be always under the wheels of said steam traction or portable engine, while it shall be crossing said bridge or culvert.”
The first section was amended in 1893, but not in such manner as to affect the present controversy. A violation of the provisions of the act is made penal by a subsequent section, and is punishable by both fine and imprisonment ; and, in addition, the county is given a right of civil action for all damages resulting to any such bridge or culvert by reason of the crossing of such “steam traction or portable engine.”
It will be noticed that the engine described in section 1 is “any steam portable or traction engine, propelled wholly or in part by steam.” The engine described in section 3 is “any steam traction or portable engine,” and the question is whether, by legislative intendment, the terms “steam portable or traction engine,” as used in the first and “steam traction or portable engine,” as used in the third section, are convertible in their signification, and mean the same thing. The meaning of the
It is a rule of statutory construction that words or phrases of doubtful or obscure meaning are controlled in their legal signification by the same or like words or phrases used or appearing elsewhere in the same or another act to which special reference is made, wherein, by reason of the context, grammatical environments, or some specific or other definition or explanation, they are rendered clear, and their application definite and certain, unless the object to which they are applied, or the connection in which they appear, renders them obscure, nonsensical, or meaningless in that sense, or requires them to be differently understood. The rule is stated in Raymond v. Cleveland, 42 Ohio St. 529, as follows: “Where the meaning of a word or phrase in a statute is doubtful, but the meaning of the same word or phrase is clear where it is used elsewhere in the same act or an act to which the provisions containing the doubtful word or phrase has reference, the word or phrase in the obscure clause will be held to mean the same thing as in the instances where the meaning is clear.” And again, in James v. Du Bois, 16 N. J. Law, 293: “ It is no doubt a rule of construction that, if a statute makes use of a word in one part of it susceptible of two meanings, and
The rule of construction which permits of the interpolation of words, or any alteration of their collocation, is an exception to the general rule, and is only permissible when the language of the statute, in its ordinary meaning and grammatical construction, leads to the manifest contradiction of the apparent purposes of the. enactment, or to some inconvenience, or absurdity, hardships, or injustice, presumably not intended : Endlich, Interp. Stat. § 295. An application of the first-mentioned rule to the present case renders the meaning of the enactment clear arid intelligible, and its purpose obvious and plain, while it obviates a resort to the exception for the purpose of attaching to it legal and practical signification. We are, therefore, constrained to adopt the construction which gives to the terms or phrase “steam traction or portable engine” the same meaning as “steam portable or traction engine,” as defined by the first section.' This is in harmony with the purposes of the act when the mischief which it was sought to remedy is considered. A traction engine with locomotion propelled wholly or in part by steam is differently constructed from the ordinary portable steam engine which is drawn about from place to place by some force applied from without. As an aid to locomotive propulsion, the drive wheels of the former are provided with calks or skew bars, attached to the rim or surface, to increase their adhesion to the road, and, the motive power being applied from within, the tendency of the machine is to push or shove the stationary substance
Reversed.
Reference
- Full Case Name
- TOEDTEMEIER v. CLACKAMAS COUNTY
- Status
- Published