People v. Transit Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Transit Development Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the cleric of said county on the 1st day of November, 1907, upon the verdict of a jury, convicting the defendant of maintaining a public nuisance in violation of section 385 at seq. of the Penal Code, and als'o from an order entered in said clerk’s office on the 31st day of January, 1908, denying the defendant’s…
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Appeal by the defendant, The Transit Development Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the cleric of said county on the 1st day of November, 1907, upon the verdict of a jury, convicting the defendant of maintaining a public nuisance in violation of section 385 at seq. of the Penal Code, and als'o from an order entered in said clerk’s office on the 31st day of January, 1908, denying the defendant’s motion for a new trial:
1Opinion of the Court
Miller, J.:
The defendant is a domestic corporation, organized under the Business Corporations Law, for the purpose, among others, of carrying “ on business of general contractors, including the contracting with other corporations and persons'for the supply of power or for the construction, equipment or improvement of railroads, bridges, wharves, tunnels and subways and to carry out such contracts-.” It maintains ah electric power plant on the river front at Kent and Division avenues, in the borough of Brooklyn. The People’s evidence tends to show that small flakés or particles of hard coal…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Ackerman v. . TrueNew York Court of Appeals · 1903
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3Cited by7 opinions
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1922
- People v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1913
- People v. Kings County Iron FoundryNew York Court of Appeals · 1913
- Daurizio v. Merchants Despatch Transportation Co.New York Supreme Court · 1934
- Findley Lake Property Owners, Inc. v. Town of MinaNew York Supreme Court · 1956
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