Legal Opinion

Kane v. People

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1831No. 6. The indictment should have concluded against the forms of the statutes, in the plural numberPublishedCited by 79 opinions

Error from the supreme court. The plaintiff in error and two others were tried on an indictment, in which they were charged with neglect in not keeping a turnpike road in repair they being directors of an incorporated company to which the road belonged, and the act of incorporation declaring every such neglect a misdemeanor.

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Error from the supreme court. The plaintiff in error and two others were tried on an indictment, in which they were charged with neglect in not keeping a turnpike road in repair they being directors of an incorporated company to which the road belonged, and the act of incorporation declaring every such neglect a misdemeanor. Kane alone was convicted at the oyer and terminer in Oneida, and sentenced to pay a fine of #200. He sued out a writ of error to the supreme court, where the judgment below was affirmed, see 3 Wendell, 363,' and now brought error to this court. . The indictment stated in…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

The plaintiff in error was indicted as one of the directors of the Mohawk Turnpike Company for neglecting to keep the road of the company in repair. By the act of incorporation, the president and directors of the company are required to maintain and keep the road in good repair and every neglect to do so is declared to be a misdemeanor in the president and individual directors of the company for the time being. Laws of 1800, oh. 105, p. 215. It does not appear what evidence was introduced upon the trial, but we must presume that the…

2Cited by79 opinions

  1. Pointer v. United StatesSupreme Court of the United States · 1894
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. People v. . SullivanNew York Court of Appeals · 1903
  4. People v. AikinMichigan Supreme Court · 1887
  5. State v. BickfordNorth Dakota Supreme Court · 1913

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