Randall v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of Yew York. This is a writ of error from a judgment of the circuit court for the Southern district of New York rendered upon a verdict of guilty upon an indictment against the defendants for a joint violation of section 3 of the act of August 17, 1894, to prevent injurious deposits within the harbor of New York City. 28 Stilt 338. The statute, after providing that the owner or master of dumping…
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In Error to the Circuit Court of the United States for the Southern District of Yew York. This is a writ of error from a judgment of the circuit court for the Southern district of New York rendered upon a verdict of guilty upon an indictment against the defendants for a joint violation of section 3 of the act of August 17, 1894, to prevent injurious deposits within the harbor of New York City. 28 Stilt 338. The statute, after providing that the owner or master of dumping scows or boats must obtain a permit defining the limits within which the discharge of scows may be made, provides as…
1Opinion of the Court
PÉB CUKIAM.
The two points upon which the counsel for the plaintiffs in error relies are that the stress of weather which prevented attempts at the light-ship to empty the pocket created an unavoidable "accident, which required the court to grant a motion to direct a verdict. for the defendants, and that if the terms of the statute require a conviction, although perils of the sea compel a deviation from the . dumping ground, the statute is so unjust in its character as to violate the spirit of the constitution. Such a construction was not given to the statute by the circuit court. It charged…
2Cited by2 opinions
- The ColomboCourt of Appeals for the Second Circuit · 1930
- The ColumbiaCourt of Appeals for the Second Circuit · 1918