Legal Opinion

People v. New York Central & Hudson River Railroad

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

Decided December 5, 1913PublishedCited by 4 opinions

Appeal by the defendant, The New York Central and Hudson Eiver Bailroad Company, from a judgment of the Court of Special Sessions of the City of New York, Part One, rendered against it on the 13th day of January, 1913, convicting it of a violation of section 181 of the Sanitary Code. (See Code of Ordinances of the City of New York, pt. 1, chap. 14.)

1Opinion of the Court

Ingraham, P. J.:

It does not appear that the constitutionality of section 181 of the Sanitary Code was challenged in the trial court, but it has *330been on the argument of the appeal. We do not deem it necessary to pass upon the constitutionality of the section in deciding this appeal.

The defendant is a domestic corporation authorized to operate a line of railroad in the city of New York and expressly authorized by law to operate its railroad by steam locomotives. That seems to have been conceded by the plaintiff upon the trial of the action. The defendant railroad company was organized under…

2Cases cited2 opinions

  1. New York Central & Hudson River Railroad v. City of New YorkNew York Court of Appeals · 1911
  2. New York Central & Hudson River Railroad v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by4 opinions

  1. Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
  2. Stubbe v. AdamsonAppellate Division of the Supreme Court of the State of New York · 1916
  3. People v. SavageNew York Supreme Court · 1955
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1914

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