People v. Timmerman
Appellate Division of the Supreme Court of the State of New York
Appeal from court of special sessions, New York county. John Timmerman was convicted of violation of the Sanitary Code of New York City, in having in his possession impure milk, and appeals. Reversed.
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Appeal from court of special sessions, New York county. John Timmerman was convicted of violation of the Sanitary Code of New York City, in having in his possession impure milk, and appeals. Reversed. The complaint charged the defendant with having unlawfully kept, had, and offered for sale on the 18tli day of April, 1902, on a wagon at West 130th street milk station, N. Y. C. R. R„ in the city of New York, adulterated milk, in violation of the provisions of section 63 of the sanitary code of the department of health of New York City. A warrant being issued, the defendant was duly examined…
1Opinion of the CourtO’Brien, J.
Section 63 of the sanitary code of the board of health of the department of health of the city of New York provides as follows:
“Sec. 63. No milk which has been watered, adulterated, reduced or changed in any respect by the addition of water or other substance or by the removal of cream, shall be brought into, held, kept, or offered for sale at any place in the city of New York, nor shall any one keep, have, or offer for sale in the said city any such milk. The term ‘adulterated’ when so used in this section means,” etc.
In framing the complaint, under this section, against the defendant, it…
2Cases cited4 opinions
- Polinsky v. . PeopleNew York Court of Appeals · 1878
- People v. WrightAppellate Terms of the Supreme Court of New York · 1897
- Skinner v. BusseNew York Supreme Court · 1902
- People v. KellinaAppellate Terms of the Supreme Court of New York · 1898
3Cited by2 opinions
- People v. HortonNew York Court of Special Session · 1903
- People v. McDermott Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1910