Kane v. People
New York Supreme Court
Error from the Oneida oyer and terminer. The defend- ■ . . . __ ants, being the president and two of the directors ot the Mohawk Turnpike Company, were indicted for a misdemeanor. The fact charged, in which the offence consisted, was that the road of the company, of which they were the president and two of the directors, was and had been out of repair for a length of time. The defendant Kane was convicted, and the others were acquitted.
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Error from the Oneida oyer and terminer. The defend- ■ . . . __ ants, being the president and two of the directors ot the Mohawk Turnpike Company, were indicted for a misdemeanor. The fact charged, in which the offence consisted, was that the road of the company, of which they were the president and two of the directors, was and had been out of repair for a length of time. The defendant Kane was convicted, and the others were acquitted. A fine of $200 was imposed upon Kane, and he brought a writ of error. The indictment contains two counts. In the first, the incorporation of “ 1 he Mohawk I…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Several grounds have been urged as error and relied on for the reversal of this judgment, neither of which can be sustained. It is said, 1. That the act under which the conviction was had does not make the officers personally liable. The language of the act is, that every neglect to keep and preserve the road in good repair shall be deemed a misdemeanor in the president and individual directors for the time being of the company. If the individual officers are deemed guilty of an offence, they must be individually punishable, which of course must be personal. No…
2Cited by11 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- People v. ClarkCourt Of Oyer And Terminer New York · 1891
- Pulliam v. PulliamUnited States Circuit Court · 1879
- Pray v. Northern LibertiesSupreme Court of Pennsylvania · 1850
- Wash v. StateMississippi Supreme Court · 1872
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