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.