People v. McDermott Dairy Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Actions by the People against the McDermott Dairy Company for penalties for the sale of adulterated milk. From judgments for defendant, rendered by the Municipal Court after trial without a jury, plaintiff appeals. Reversed, and new trials ordered.
1Opinion of the CourtGiegerich, J.
[1] These actions were brought to recover penalties for the sale of adulterated milk, as defined by .the statute (Agricultural Law, § 52). The evidence adduced by the plaintiff showed that the milk was not up to the standard fixed by the statute, and this was the only issue in the case, since it is immaterial whether the deficiency in quality is due to natural causes or otherwise. People v. Bowen, 182 N. Y. 1, 6, 74 N. E. 489.
[2] The testimony offered by the defendant as to the analysis was ' incompetent, since the chemist who testified had not himself made the' analysis, the result of which…
2Cases cited3 opinions
- People v. . BowenNew York Court of Appeals · 1905
- People v. LaesserAppellate Division of the Supreme Court of the State of New York · 1903
- People v. LaesserAppellate Division of the Supreme Court of the State of New York · 1903