People v. Harrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York,, from an order and judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of said county on the 10th day of January, 1918, reversing a judgment of the City Magistrate’s Court of the city of New York which convicted the defendant of a violation of the Code of Ordinances of the city of New York relative to the speed of certain vehicles, and which imposed a fine of…
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Appeal by the plaintiff, The People of the State of New York,, from an order and judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of said county on the 10th day of January, 1918, reversing a judgment of the City Magistrate’s Court of the city of New York which convicted the defendant of a violation of the Code of Ordinances of the city of New York relative to the speed of certain vehicles, and which imposed a fine of twenty-five dollars. The appeal was allowed to this court by Mr. Justice Manning of the Supreme Court. The Code of…
1Opinion of the Court
Jenics, P. J.:
The ordinance is essentially a statute for the city (Village of Carthage v. Frederick, 122 N. Y. 268), and is construed as a statute. (State ex rel. Mayor, etc., of Baltimore v. Kirkley, 29 Md. 85, 103; Matter of Yick Wo, 68 Cal. 294, 303.) “ It is a sound principle, that such a construction ought to be put upon a statute as may best answer the intention which the makers had in view, and that is sometimes to be collected from the cause or necessity of making it, at other times from other circumstances.” (Tonnele v. Hall, 4 N. Y. 144; Matter of O’Neil, 91 id. 520.) “ But even in…
2Cases cited7 opinions
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- State ex rel. Mayor of Baltimore v. KirkleyCourt of Appeals of Maryland · 1869
- Inre Yick WoCalifornia Supreme Court · 1885
- State v. ProbascoSupreme Court of Iowa · 1883
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- Village of Great Neck Estates v. RoseAppellate Division of the Supreme Court of the State of New York · 1951
- State v. CarlstonNew Jersey Superior Court Appellate Division · 1956
- State v. CalhounConnecticut Appellate Court · 1962
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