People v. Gilmor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of N ew York on the 18th day of June, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover a penalty for an alleged violation of the Agricultural Law (Laws of 1893, chap. 338, as amd.) by offering or exposing for sale milk claimed to be adulterated within the meaning of the provisions of that law.
The plaintiff proved that on June 9, 1900, an inspector found upon a wagon at the Twenty-third street ferry thirty cans of milk which bore defendant’s mark. Although he examined some fifteen cans, he took from but one can two samples of milk, one of which lie sealed and gave to the driver and the other to a chemist employed by the department to…
2Cases cited2 opinions
- People v. WiardAppellate Division of the Supreme Court of the State of New York · 1901
- People v. . WiardNew York Court of Appeals · 1902
3Cited by1 opinion
- People v. EichenCity of New York Municipal Court · 1938