Questão jurídica principal
Whether the newly built railway watchman’s dwelling is exempt from cantonal taxation under Art. 10 of the Rebuy Act.
Decisão extraída
Yes. A railway dwelling used to secure supervision and regular operation of the line has the necessary relation to railway operation and is tax-exempt.
Fundamentação extraída
Necessary relation exists not only for direct technical operating assets, but also for facilities that create favorable conditions, guarantees of regularity, and safety for the railway. Watchmen’s houses serve the essential supervision of the track and therefore qualify as exempt railway immovables. The fact that such dwellings are not available everywhere does not negate their necessity in the individual case.