From Casetext: Smarter Legal Research

People v. Sampsell

Court of Appeals of the State of New York
May 1, 1928
161 N.E. 454 (N.Y. 1928)

Opinion

Argued April 4, 1928

Decided May 1, 1928

Appeal from the Chautauqua County Court.

Glenn W. Woodin, District Attorney, for appellant. Edmund S. Brown and Harold J. Adams for respondent.


We hold that the ordinance of the city of Dunkirk (Dunkirk City Ordinances, chap. 5, § 3) is valid, and is not rendered unlawful by Penal Law, section 1985.

We think, however, that the evidence fails to establish that the locomotive was intentionally suffered to remain standing upon the crossing.

The judgment should be affirmed.

CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and KELLOGG, JJ., concur; O'BRIEN, J., not sitting.

Judgment affirmed.


Summaries of

People v. Sampsell

Court of Appeals of the State of New York
May 1, 1928
161 N.E. 454 (N.Y. 1928)
Case details for

People v. Sampsell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROY O. SAMPSELL…

Court:Court of Appeals of the State of New York

Date published: May 1, 1928

Citations

161 N.E. 454 (N.Y. 1928)
161 N.E. 454

Citing Cases

Wholesale Laundry Bd., v. City of N.Y

In dealing as it does with conditions peculiar to the City of New York involving the preservation and…

Wholesale Laundry Bd. v. City of N.Y

Semantic exercises in this connection cannot change the concept. We have not overlooked the decision in…