People v. Pelton

The Penal Code (section 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 comfort, 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 rendered a verdict…