Koebler v. Pennewell

Citations

• 75 Ohio St. (N.S.) 278

Syllabus

<p>Definition of morgue — Rights and povoers of crematory associations — Interpretation of Section 3586a, Revised Statutes — Does not prohibit undertaking establishment on residence street, when.</p> <p>1. In the interpretation of Section 35860, Revised Statutes, the word morgue, being without definition in the statute itself, must he given its usual and commonly accepted meaning which is, a place or dead-house, where the bodies of persons found dead are exposed for identification or that they may be claimed by their friends. And the Legislature in the enactment of the section must be held to have used and employed the word in „ that sense, and as descriptive of such a place.</p> <p>2. Above Section 35860, which provides that: -it shall be unlawful for any person or persons, company, association or firm to establish a morgue on any street or part of a street upon which are dwelling-houses, unless the owner or occupants of such dwelling-houses within two hundred yards of said proposed morgue give their written consent thereto, does not prohibit the location of an undertaking establishment on a residence street, nor make it unlawful to receive, care for and keep temporarily in an undertaking establishment thus located, in a private room thereof and unexposed to public view, the bodies of known and identified dead which are from time to time taken to such undertaking establishment at the instance and request of relatives or friends of the deceased that funeral services over the bodies may be held and conducted at that place.</p>