People v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Court of Special Sessions of the city of Hew York, rendered on the 16th day of January, 1914, convicting him of a violation of section 181 of the Sanitary Code.
1Dissent
Burr, J. (dissenting):
I am constrained to dissent in this case. The ordinance in question is a health regulation. In People v. New York Edison Co. (159 App. Div. 786), defendant demurred to the information upon the ground that the ordinance was unconstitutional, and the court below sustained the demurrer, “holding, in effect, that it forbids the discharge of smoke which would not injure property or affect the public health or comfort ” (p. 787). The Appellate Division in the First Department held this to be too narrow a construction, and said the “ provisions should not be construed…
2Cases cited2 opinions
- People v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1913
- People v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913