People v. High Ground Dairy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, High Ground Dairy Company, from a judgment of the Court of Special Sessions of the City of New York, borough of Brooklyn, rendered against it on the 3d day of June, 1914, convicting it of the crime of maintaining a public nuisance.
1Opinion of the Court
Jenics, P. J.:
I think that there is proof of an excess of noise, of odors and possibly of pests in the conduct of defendant dairyman’s station and stables, to justify conviction of a public nuisance under subdivision 1 of section 1530 of the Penal Law.
The defendant insists that there is no proof of criminal intent. None is necessary. The statute is silent and intent is not a necessary element of such a crime. (People v. Kibler, 106 N. Y. 321.) Whether the defendant conducted its lawful business with good'or evil intent was immaterial. (Taylor v. People, 6 Park. Cr. Rep. 347; 2 Whart. Crim.…
2Cases cited10 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- People v. . KiblerNew York Court of Appeals · 1887
- Babcock v. . City of BuffaloNew York Court of Appeals · 1874
- People v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1915
- McCluskey v. WileAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by5 opinions
- People v. Gaydica, New York County Courts1923
- People v. HessNew York Court of General Session of the Peace · 1920
- Canfield v. QuayleNew York Supreme Court · 1939
- People v. JonesMichigan Court of Appeals · 1984
- People v. SweeneyAppellate Division of the Supreme Court of the State of New York · 1973