Legal Opinion

Ferguson v. . Ross

New York Court of Appeals

Decided June 2, 1891PublishedCited by 47 opinions

Appeal from tlie judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judg-. ment in favor of plaintiff entered upon a verdict and affirmed ■ an order denying a motion for a new trial.

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Appeal from tlie judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judg-. ment in favor of plaintiff entered upon a verdict and affirmed ■ an order denying a motion for a new trial. This was an action brought to recover a penalty under the provisions of chapter 604 of the Laws of 1875, as amended by chapter 414 of the Laws of 1885 and chapter 630 of the Laws of 1886, which was entitled as follows: “ An act to prevent the deposit of carrion, offal or dead animals in the North and East rivers or in…

1Opinion of the CourtAndrews, J.

The statement of a few. facts will be sufficient to present the questions on this appeal.

In 1875 an act of the legislature was passed (Chap. 604), entitled “ An act to prevent the deposit of carrion, offal or dead animals in the Hortli or East rivers or in the bay of Hew York or Raritan bay, within the jurisdiction of the state of Hew York.” The act, among other things, provided for the .appointment by the governor of a shore inspector, to report .and prevent violations of the act, who was to be paid a salary by the state comptroller, to be raised by taxation on the counties of Hew York,…

2Cases cited3 opinions

  1. The People v. . McCannNew York Court of Appeals · 1857
  2. The People v. . O'BrienNew York Court of Appeals · 1868
  3. The People v. . Central R.R. Co. of N.J.New York Court of Appeals · 1870

3Cited by47 opinions

  1. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. State v. Port of TillamookOregon Supreme Court · 1912
  4. People v. . DunnNew York Court of Appeals · 1899
  5. Martin's Executors v. CommonwealthSupreme Court of Virginia · 1920

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