Legal Opinion

People v. Clark

New York Supreme Court

Decided April 15, 1891PublishedCited by 1 opinion

At chambers. Indictment against Charles P. Clark and others for violating the car-heating act, (Laws N. Y. 1887, c. 616, as amended by Laws 1888, •c. 189; Laws 1889, c. 76; and Laws 1890, c. 421.) This act (section 1) forbids the heating of passenger cars by a stove or furnace inside the ears.

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At chambers. Indictment against Charles P. Clark and others for violating the car-heating act, (Laws N. Y. 1887, c. 616, as amended by Laws 1888, •c. 189; Laws 1889, c. 76; and Laws 1890, c. 421.) This act (section 1) forbids the heating of passenger cars by a stove or furnace inside the ears. Section 3 provides that “any person or corporation violating any of the provisions of this act shall be liable to a penalty of $1,000, and to a further penalty of $100 for each and every day during which such violation shall continue.” Section .5 declares that “the violation of any of the provisions of…

1Opinion of the CourtPatterson, J.

This is an application to transfer for trial and indictment from the court of general sessions of the peace of the city of New York to the ■court of oyer and terminer. It is made under the authority of a provision of the Code of Criminal Procedure,1 by which provision the rule of law which at one time obtained has been changed, so that, instead of the removal being a matter of right, it is dependent upon good cause being shown to the satisfaction of the justice of the supreme court sitting at special term, to whom the application is made. The question to be determined in this case is whether…

2Cases cited1 opinion

  1. People v. RourkeNew York Supreme Court · 1882

3Cited by1 opinion

  1. People v. ScannellNew York Supreme Court · 1901

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