Legal Opinion

People v. Rochester Railway & Light Co.

New York Court of Appeals

Decided March 23, 1909PublishedCited by 23 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered January 23, 1909, which affirmed a judgment of the Monroe County Court sustaining a demurrer to an- indictment of the defendant for the crime of manslaughter in the second degree. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Hiscock, J.:

The respondent has been indicted for the crime of manslaughter in the second degree because, as alleged, it installed certain apparatus in a residence in Rochester in such a grossly improper, unskilled and negligent manner that gases escaped and caused the death of an inmate.

The demurrer to the indictment has presented the question whether a corporation may be thus indicted for manslaughter, under section 193 of the Penal Code.

Before proceeding to the interpretation of this specific provision we shall consider very briefly the general question discussed by the parties whether a…

2Cases cited1 opinion

  1. Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899

3Cited by23 opinions

  1. People v. Canadian Fur Trappers Corp.New York Court of Appeals · 1928
  2. People v. ByrneNew York Court of Appeals · 1991
  3. Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
  4. State v. Lehigh Valley RailroadSupreme Court of New Jersey · 1917
  5. VAUGHAN AND SONS INC. v. StateCourt of Criminal Appeals of Texas · 1987

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