People v. New York Central Rail Road
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover penalties or fines, to be imposed upon the defendants, for neglecting to ring a bell, or sound a steam whistle on crossing a highway with their locomotives, as required by statute.
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APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover penalties or fines, to be imposed upon the defendants, for neglecting to ring a bell, or sound a steam whistle on crossing a highway with their locomotives, as required by statute. By the general rail road law, (Laws of 1850, eh. 140, p. 211, § 39,) a bell is required to be rung, or whistle sounded, by every rail road company, on crossing a public highway with a locomotive, under a penalty of $25 for every neglect, to be sued for by the district attorney of the county within ten…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Under the charge of the court, that if the action was commenced on the 30th of December the plaintiff could recover for the penalties incurred on the 20th of December, the jury have found the defendants guilty of eight different neglects or offenses on that day. By this construction and finding the liability of the defendants in the action extended through eleven days; the offense being committed on the 20th, and the action commenced on the 30th, or for ten days after the 20th, exclusive of the 20th. The question is, under the statute, for how many days after…
2Cases cited3 opinions
- Wilcox v. WoodNew York Supreme Court · 1832
- The St. Lawrence, Webb, MasterSupreme Court of the United States · 1815
- State ex rel. McLaughlin v. LichtenbergWashington Supreme Court · 1892
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- State v. BeasleyWest Virginia Supreme Court · 1883
- Prokop v. Bedford Waist & Dress Co.Appellate Terms of the Supreme Court of New York · 1919
- Haden v. BuddensiekNew York Court of Common Pleas · 1875
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