People v. Lewis
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 Rensselaer on the 11th day of January, 1910, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case oh a trial at the Rensselaer Trial Term.
1DissentSmith, P. J.
It may be that, if asked for, this case should have gone to the jury upon the question as to whether the defendant did expose for *676sale a spuriops article of food. Plaintiffs counsel, however, did not ask it, and distinctly stated' that the only violation' of the statute which he claimed was the violation of the defendant through the act of his agent. It is not fair to the trial judge ; it is not fair to the parties, after such dis'claimer, to reverse the judgment upon that ground. Nor does plaintiffs attorney ask for a reversal upon that ground. He makes no claim in his brief or on his…
2Cases cited3 opinions
- Bacon v. HookerMassachusetts Supreme Judicial Court · 1899
- Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
- Village of Cortland v. HowardAppellate Division of the Supreme Court of the State of New York · 1896