People v. Van Fradenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Yan Fradenburgh, from a judgment of the County Court of Sullivan county, bearing date the 8th day of February, 1902, upon the verdict of a jury, and also from an order - bearing date the 8th day of February, 1902, and entered in the office of the clerk of the county of Sullivan, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Edward Yan Fradenburgh, from a judgment of the County Court of Sullivan county, bearing date the 8th day of February, 1902, upon the verdict of a jury, and also from an order - bearing date the 8th day of February, 1902, and entered in the office of the clerk of the county of Sullivan, denying the defendant’s motion for a new trial made upon the minutes. The defendant was indicted for a misdemeanor in willfully violating a lawful order of the board of health of the village of Liberty, Sullivan county, H. Y. The crime is claimed to have been committed under section 397…
1Opinion of the Court
Smith, J. :
The gist of the crime of which the defendant has been convicted is the disobedience of a lawful order of the board of health. Unless, then, the order disobeyed was one lawfully made by the board of health, the defendant has been guilty of no Crime. There-is no proof that this refuse from the sanitarium for consumptives is any more dangerous to the community when exposed than the refuse from any hotel, and we cannot assume such ■ to be the fact in sustaining this conviction. Has the board of health, then, the right to forbid a person from bringing into the village refuse from a.…
2Cited by2 opinions
- People v. ReicherterAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Sprenger v. Department of HealthNew York Supreme Court · 1918