Legal Opinion

Mayor v. Roller

New York Court of Common Pleas

Decided February 4, 1895PublishedCited by 1 opinion

Appeal from Sixth district court. Action by the mayor, etc., of the city of New York, against Emil Roller, to recover a penalty. From a judgment in favor of defendant, rendered by the justice without a jury, plaintiff appeals. Reversed.

1Opinion of the CourtBischoff, J.

This action was brought to recover a penalty alleged to have been incurred by defendant under section 153 of chapter 661 of the laws of 1893, whereby an individual who practices medicine without registration and qualification as required is made liable to the penalty of $50 for each such offense, the amount to be recovered by a duly-constituted medical society of the county in an action brought in the name of the county. The ground of this appeal is that certain evidence was erroneously excluded when offered by the plaintiff in rebuttal. The plaintiff established a prima facie case against…

2Cases cited1 opinion

  1. Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892

3Cited by1 opinion

  1. Wyckoff v. La GrangeNew York Court of Common Pleas · 1895

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