Syracuse & Tully Plank Road Co. v. People
New York Supreme Court
THE plaintiffs in error were indicted in the court of sessions of Onondaga county for not keeping in repair their road, extending from the south bounds of the city of Syracuse, in the town of Onondaga, to the north line of the Indian Reservation, a distance of five miles.
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THE plaintiffs in error were indicted in the court of sessions of Onondaga county for not keeping in repair their road, extending from the south bounds of the city of Syracuse, in the town of Onondaga, to the north line of the Indian Reservation, a distance of five miles. The indictment alleged that the company wrongfully, unlawfully, negligently and knowingly, permitted, caused and suffered its road to be out of repair, ruinous and dangerous, and concluded; “ against the form of the statute in such case made and provided,” &c. Before commencing the trial of said cause, the counsel for the…
1Opinion of the Court
By the Court,
Mullin, J.
The motion made, to discharge the plaintiffs in error, and the request to instruct the jury to render a verdict of not guilty, were made on the ground that the indictment must be deemed to be upon the 50th section of the plank road act. (2 R. S., 5th ed., 486.) By that section and two or three sections preceding, it is provided that when complaint is made to an inspector of plank roads that a plank road is out of repair, he shall inspect the same, and if it is found out of repair, give notice thereof to one of the directors, and require the defective road to be…
2Cases cited4 opinions
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- President of Waterford v. PeopleNew York Supreme Court · 1850
- Ratzky v. . the PeopleNew York Court of Appeals · 1864
- Fox v. BakerIndiana Superior Court · 1873
3Cited by2 opinions
- Territory of Hawaii v. PoloaieaHawaii Supreme Court · 1901
- People v. GoldAppellate Division of the Supreme Court of the State of New York · 1944