People v. Pelton
Appellate Division of the Supreme Court of the State of New York
•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
- United States v. MillsSupreme Court of the United States · 1833
- Wenzlick v. . McCotterNew York Court of Appeals · 1881
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912