Dawson v. Shaw

Citations

• 28 Pa. Super. 563
• 1905 Pa. Super. LEXIS 246

Syllabus

<p>Statutes — Penal statutes — Construction—Oil wells — Plugging—Act of June 10, 1881, P. L. 110.</p> <p>Penal statutes are to be reasonably construed. Where such an act contains such an ambiguity as to leave a reasonable doubt as to its meaning, it is the duty of the court not to inflict the penalty; and a proviso in a penal statute which is favorable to the defendant, is to be liberally interpreted in his favor.</p> <p>The Act of June 10, 1881, P. L. 110, requiring the plugging of abandoned oil wells is a penal statute, and as such to be reasonably construed. A fail-construction of the act is not to require the defendant to plug the well unless there is a third sand or oil bearing rock. If there is a question as to the existence of such sand or rock, the case must be submitted to the jury.</p> <p>Under the Act of June 10, 1881, P. L. 110, the defendant is not to be punished by the imposition of the penalty named in the statute if it is a physical impossibility under all reasonable and known means to pull the casing and place the two seasoned plugs as directed’ by the act.</p> <p>Where the duty or charge is imposed upon a party by the law, and not by his own contract, he will be excused from liability if performance of the duty becomes impossible without any default on his part.</p>