People v. Bishopp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Burdett Bishopp, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 1st day of August, 1904, upon the decision of the court, rendered after a trial at the Madison Special Term, overruling the defend■ant’s demurrer to the second cause- of action in the plaintiff’s amended complaint. •• The plaintiff brought this action in the Supreme Court to recover on two…
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Appeal by the defendant, Burdett Bishopp, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 1st day of August, 1904, upon the decision of the court, rendered after a trial at the Madison Special Term, overruling the defend■ant’s demurrer to the second cause- of action in the plaintiff’s amended complaint. •• The plaintiff brought this action in the Supreme Court to recover on two alleged causes of action : First. The plaintiff seeks to recover the penalty imposed by section. 37 of the Agricultural…
1Opinion of the Court
Parker, P. J.:
There can be no doubt but that the Legislature was authorized to enact the provisions of section 70e of the Agricultural Law. If is an exercise of the police power in the interests of the public health, and that right has long been recognized by our own and by the Federal courts. Yeal, as an article of food, is deemed by the Legislature to be injurious and unsafe when eaten within four . weeks of its birth, and, for such reason, it is assumed by that section to‘regulate the use and sale of such veal as an article of food. Such right is too plain to be discussed, and the…
2Cases cited4 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- People v. . EwerNew York Court of Appeals · 1894
- People v. Niagara Fruit Co.Appellate Division of the Supreme Court of the State of New York · 1902
- People v. . Niagara Fruit CompanyNew York Court of Appeals · 1903
3Cited by3 opinions
- Pacific Meat Co., Ltd. v. OtagakiHawaii Supreme Court · 1964
- In Re McNealCalifornia Court of Appeal · 1939
- People v. AbramsonAppellate Division of the Supreme Court of the State of New York · 1910