Village of Carthage v. Colligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward W. Colligan, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 22d day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Kruse, P. J. (dissenting):
I think the notice in connection with the action of the board of health sufficient as an order to meet the requirements of the statute respecting the suppression of nuisances and matters detrimental to public health in special or individual cases. The notice stated precisely what the defendant was forbidden to do. His violation thereof was not through inadvertence. It was deliberate and intentional, and if the notice was served upon the defendant by the direction of the board of health, as the proof shows, I think the defendant is liable for the penalty imposed. I do…
2Cases cited1 opinion
- McNall v. KalesNew York Supreme Court · 1891