People v. Excelsior Bottling Works, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Excelsior Bottling Works, Inc., from a judgment of the Court of Special Sessions of the City of New York, Part VI, rendered against it on the 28th day of June, 1916, convicting it of a violation of the Sanitary Code, and also from an order entered in the office of the clerk of said court on the 7th day of August, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The defendant is a domestic corporation and its conviction, which was by a divided court, was for having in its possession and offering for sale as a beverage on August 31, 1914, bottled strawberry soda, which it was alleged was adulterated in that saccharin, a deleterious ingredient, had been used therein as a sweetener or substitute for sugar, injuriously affecting the quality of the soda water, in violation of subdivisions (b) and (f) of section 68 of the Sanitary Code and a resolution of the board of health adopted August 22, 1911.
There was a label on the bottle containing…
2Cases cited4 opinions
- Waite v. MacYSupreme Court of the United States · 1918
- People v. . CipperlyNew York Court of Appeals · 1886
- People v. . BieseckerNew York Court of Appeals · 1901
- State v. HansonSupreme Court of Minnesota · 1912
3Cited by3 opinions
- Gilchrist Drug Co. v. City of BirminghamSupreme Court of Alabama · 1937
- People v. French Bottling Works, Inc.New York Court of Appeals · 1932
- People v. JacobowitzAppellate Division of the Supreme Court of the State of New York · 1928