Thomas v. Spartanburg Ry., Gas & Electric Co.
Thomas v. Spartanburg Ry., Gas & Electric Co.
Opinion of the Court
The opinion of the Court was delivered by
*480 This action was brought to recover the penalties provided in section 3949 of the Civil Code for the failure of defendant to provide its cars with fenders, as required by section 3950.
• By demurrer to the complaint, defendant attacked the constitutionality of the statute on two grounds: 1. That it denies to it the equal protection of the laws; and, 2. That it contravenes subdivision 9 of section 34 of article III of the Constitution, which provides that “where a general law can be made applicable, no special law shall be enacted.” The first ground was overruled, but the Court held the statute void on the second ground, saying “there is no good reason why the legislature should require fenders to be placed upon cars operated north of a line ten miles north of and parallel to the thirty-fourth meridian.”
*481
We know that climatic conditions in the Piedmont section of the State are very different from those which prevail in the lower part, and that the difference becomes more accentuated as we get further from the dividing line made b)' the statute. This difference in climate may require that cars operated in that part of the State should be provided with vestibules for the protection of the motormen, while these would be unnecessary in the milder climate of places south of that line. Where vestibules are necessary, there is good *483 reason for requiring the use of fenders, because the glass in the vestibules, especially when clouded by moisture congealed on it, and the framework which supports it obstruct to some extent the view of the motormen, and increase the danger of collisions, and the fenders lessen the danger of injury in case of collisions.
Another reason why the legislature may have- thought it wise to require cars operated in the upper part of the State to be provided with fenders is that, the ground being more hilly, there are more steep grades and sharp curves in the railroads of that section than in those of the level low country. Other considerations may suggest themselves, but these are enough to show that the classification is not wholly arbitrary.
What has already been said applies with equal force to the first ground of demurrer. Lindsley v. National Carbonic Gas Co., 220 U. S. 61, 31 Sup. Ct. Rep. 337, 55 L. Ed. 369; Barrett v. Indiana, 229 U. S. 26, 33 Sup. Ct. Rep. 692, 57 L. Ed. 1053; Miller v. Wilson, 35 Sup. Ct. Rep. 342, 236 U. S. 373.
Judgment reversed.
Footnote.—As to validity of statutes requiring street ears equipped with fenders, see note in Ann. Cas. 1912b, 846;-with vestibules and other conveniences, Ann. Cas 1914d, 846.
Reference
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- Syllabus
- Statutes. Constitutional Law. Due Process. Special Legislation. 1. Statutes—Special Legislation—Constitutional Law.—The legislative judgment in determining whether a general law can be made applicable must be given due consideration, and should not be overruled by the Courts if predicated upon any reasonable hypothesis. 2. Constitutional Law—Encroachment on Legislature—Judicial Authority.—While it is primarily for the legislature to decide whether a general law can be made applicable, it is ultimately a judicial question. 3. Constitutional Law — Statutes — Presumptions. — In determining whether a general law can be made applicable, the Court will indulge every reasonable presumption and solve’ every reasonable doubt in favor of its validity. 4. Statutes—Special Laws—Classification.—Civil Code 1912, sec. 3950, requiring cars operating north of a line ten miles north of and parallel to the thirty-first meridian to be equipped with fenders, is not based upon arbitrary classification within Const., art. Ill, sec. 34, subd. 9, forbidding the enactment of special laws where general laws are applicable, when construed with reference to climatic conditions- and the nature of the country. -5. Constitutional Law—Railroads—Euual Protection of Laws— Regulation of Railroads.—Civil Code 1912, sec. 3950, requiring cars operating north of a line ten miles north of and parallel to the thirty-first meridian to be equipped with fenders, is not unconstitutional, as denying the equal protection of the laws. 6. Constitutional Law — EauAL Protection-—-Classification. — The classification made by a statute need not be one of mathematical precision, nor need it result in perfect equality; it being sufficient ii it is reasonable in its main features.