Legal Opinion

People v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1912PublishedCited by 1 opinion

Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 7th day of January, 1911, upon the verdict of a jury rendered by direction of the court, as amended by an order entered in said clerk’s office on the 11th day of January, 1911, and also from an order entered on the 3d day of January, 1911, denying the defendant’s motion for a new trial…

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Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 7th day of January, 1911, upon the verdict of a jury rendered by direction of the court, as amended by an order entered in said clerk’s office on the 11th day of January, 1911, and also from an order entered on the 3d day of January, 1911, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Thomas, J.:

The appeal involves a recovery of penalties in the sum of $32,200 for violations of the Forest, Fish and Q-ame Law (Laws of 1900, chap. 20, as amd. by Laws of 1904, chap. 590, § 5 [now Laws of 1909, chap. 24, §72], as amd. by Laws of 1910, chap. 476), whereof section 228 provides: “Every railroad company shall on such part of its road as passes through forest *766lands or lands subject to fires from any cause, cut and remove from its right of way along such lands at least twice a year, all grass, brush and other inflammable materials, f * * Any railroad company failing or neglecting to…

2Cases cited4 opinions

  1. Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
  2. People v. . Long Island R.R. Co.New York Court of Appeals · 1909
  3. Jones v. Rochester Gas & Electric Co.New York Court of Appeals · 1901
  4. Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Low v. StateNew York Court of Claims · 1952

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