Legal Opinion · Dissent
People v. Laesser
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 1903Published
Appeal from trial term, Monroe county. Action by the people against Emil Laesser to recover a penalty for the sale of adulterated milk. From a judgment in favor of defendant and from an order denying a new trial the people appeal. Reversed.
1DissentMcLENNAN, J.
It seems to me that the decision of this court in the case of People v. Wiard, 61 App. Div. 612, 69 N. Y. Supp. 1142, affirmed in 170 N. Y. 590, 63 N. E. 1120, furnishes the rule of law applicable to the case at bar, and should be regarded as controlling upon this court, and as decisive of this case. The rule laid down in the Wiard Case, supra, was stated in the following language, namely:
“Held, that the analysis of a sample of mlllr taken from only part of the product delivered by the producer at any one time to a single purchaser will not afford a basis for an action for a penalty under the…
2Cases cited2 opinions
- People v. WiardAppellate Division of the Supreme Court of the State of New York · 1901
- In re FieldAppellate Division of the Supreme Court of the State of New York · 1901