People v. Weaver
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 Jefferson on the 12th day of January, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office oh the 11th day of January, 1905, denying the plaintiff’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed'and a new trial granted, with costs to the appellant to abide event.
The action is to recover a penalty for the delivery to a cheese factory of adulterated milk contrary to the provisions of section 23 of the Agricultural Law (Laws of 1893, chap. 338, as arnd. by Laws of 1901, chap. 429.)
The milk was delivered October 30, 1903. It was claimed that it was adulterated, under the provisions of section 20 of tile law, in that it contained more than eighty-eight per centum of water or fluids and *596l4ss than twelve per centum oí milk solids. The…
2Cited by2 opinions
- Triangle Candy Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1944
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1910