Legal Opinion

People v. Eberhart

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

Decided January 28, 1916PublishedCited by 2 opinions

Appeal by the defendant, William V. Eberhart, from a judgment of the Court of Special Sessions of the City of New York, Part II, rendered against' him on the 4th day of November, 1914, convicting him of violating the Penal Law in failing to comply with subdivison 3 of section 8a of the Labor Law (Consol.

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Appeal by the defendant, William V. Eberhart, from a judgment of the Court of Special Sessions of the City of New York, Part II, rendered against' him on the 4th day of November, 1914, convicting him of violating the Penal Law in failing to comply with subdivison 3 of section 8a of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], as added by Laws of 1913, chap. 740), and also from an order entered in the office of the clerk of said court on the 11th day of November, 1914, denying defendant’s motion for arrest of judgment.

1Opinion of the Court

Putnam, J.:

Appellant committed a breach of an administrative provision of the Labor Law, requiring in factories and mercantile establishments “one day of rest in seven.” (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], § 8a, as added by Laws of 1913, chap. 740.) Except in certain specified employments, this is to be strictly observed where there is Sunday work. By subdivision 3 it is provided that, before operating on Sunday, the employer shall post conspicuously a schedule containing a list of the Sunday employees, and designate the day of rest for each, and shall file a copy of such…

2Cases cited3 opinions

  1. People v. C. Klinck Packing Co.New York Court of Appeals · 1915
  2. Riley v. MassachusettsSupreme Court of the United States · 1914
  3. Commonwealth v. RileyMassachusetts Supreme Judicial Court · 1912

3Cited by2 opinions

  1. People v. R. F. Stevens Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Tanner v. Imperial Recreation Parlors, Inc.Appellate Division of the Supreme Court of the State of New York · 1943

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