People v. Excelsior Bottling Works, Inc.

Collins, J. (dissenting):

Defendant, a manufacturer of soda water, sold two nine ounce bottles of a beverage labeled “ Strawberry, ' sweetened with sugar and one-one-hundredth of one per cent of saccharin (Benxosulphinide)”. On the trial, the fact was- admitted, and the evidence in the case was directed solely to the questions of law'involved, to give the court light in passing on the reasonableness of the ordinance or regulation, following the practice indicated in People v. Schwenler (214 N. Y. 395). As has been pointed out in the prevailing opinion, the testimony in this case was…