Legal Opinion

People v. Timmerman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 8 opinions

Appeal by the defendant, John Timmerman, from a judgment of the Court of Special Sessions of the city of New York in favor of the plaintiff, entered on the 14th day of July, 1902, convicting the defendant of a violation of section 63 of the Sanitary Code of the board of health of the department of health of the city of New York.

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Appeal by the defendant, John Timmerman, from a judgment of the Court of Special Sessions of the city of New York in favor of the plaintiff, entered on the 14th day of July, 1902, convicting the defendant of a violation of section 63 of the Sanitary Code of the board of health of the department of health of the city of New York. The complaint charged the defendant with having unlawfully kept, had and offered for sale on the 18th day of April, 1902, on a wagon at the West One Hundred and Thirtieth street milk station of the New York Central railroad, in the city of New York, adulterated milk…

1Opinion of the Court

O’Brien, J.:

Section 63 of the Sanitary Code of the board of health of the department of health of the city of New York provides as follows:

“ Section 63. No milk which has been watered, adulterated, reduced or changed in any respect by the addition of water or other substance, or by the removal of cream, shall be brought into, held, kept or offered for sale at any place in the city of New York, nor shall any one keep, have or offer for sale in the said city any such milk. The term £ adulterated,’ when . so used in this section, means,” etc.

In framing the complaint under this section against…

2Cases cited2 opinions

  1. Polinsky v. . PeopleNew York Court of Appeals · 1878
  2. People v. WrightAppellate Terms of the Supreme Court of New York · 1897

3Cited by8 opinions

  1. People ex rel. Lieberman v. VandecarrAppellate Division of the Supreme Court of the State of New York · 1903
  2. People v. Waldorf System Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  3. People v. A. J. Capone Co.Appellate Division of the Supreme Court of the State of New York · 1938
  4. People v. Philip Lewis Egg Products, Inc.New York City Magistrates' Court · 1949
  5. People v. AstonAppellate Division of the Supreme Court of the State of New York · 1927

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