Legal Opinion

People v. Pelton

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

Decided July 1, 1899PublishedCited by 2 opinions

•Appeal by the defendants, John W. Pelton and others, from a judgment of the County Court of Dutchess county in favor of the -plaintiff, rendered on the 11th day of July, 1898, upon the verdict of a jury, convicting them of the crime of maintaining a public nuisance.

1Opinion of the Court

Goodrich, P. J.:

The Penal Code (§ 385) declares that “ a public nuisance is a -crime against the order 'and "economy of the State and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission: 1, Annoys, injures or endangers the qomfort, repose, health or safety of any considerable number- of persons; * * * ”

■ The defendants were indicted under this section for maintaining, in 1896,1897 and 1898, a dam across the Fallkill creek, in the city of Poughkeepsie, where it empties into the Hudson river. The -defendants were tried on this indictment and the jury…

2Cases cited3 opinions

  1. United States v. MillsSupreme Court of the United States · 1833
  2. Wenzlick v. . McCotterNew York Court of Appeals · 1881
  3. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
  2. People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912

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