People v. Roe
New York Supreme Court
This was an action to recover a penalty under the statute mentioned in The People v. Jenkins, (ante, p. 469.) The action was tried at the Albany circuit, in December, 1839, before Cushman, C. Judge. A witness proved that the steam boat De Witt Clinton passed the wharves at Albany on a specified day at a greater speed than that mentioned in the act.
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This was an action to recover a penalty under the statute mentioned in The People v. Jenkins, (ante, p. 469.) The action was tried at the Albany circuit, in December, 1839, before Cushman, C. Judge. A witness proved that the steam boat De Witt Clinton passed the wharves at Albany on a specified day at a greater speed than that mentioned in the act. He said the defendant was the captain of the boat during that season, and was the captain of her on the day in question; but he did not know whether the defendant was on board at the time or not. The defendant demurred to the evidence.
1Opinion of the Court
By the Court, Bronson, J.
On this demurrer, every conclusion which the jury would have been warranted in drawing from the evidence must be considered as admitted; and if the cause had not been withdrawn from the jury, and they had found a verdict for the people, we certainly should not have set it aside. Proof that the defendant was the master of the boat, not only during the season, but on the particular day—especially in the absence of any rebutting evidence—was sufficient to carry the cause .to the jury; and that is enough.
Judgment for the people.(a)
For the form of a demurrer to evidence,…
2Cases cited12 opinions
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- Columbian Insurance v. CatlettSupreme Court of the United States · 1827
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