Opinion · New York Court of Appeals
People v. Sampsell
People v. Sampsell, 248 N.Y. 157 (New York Court of Appeals 1928)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1928-05-01
- Topic
- general
Per Curiam. We hold that the ordinance of the city of Dunkirk (Dunkirk City Ordinances, chap. 5, § 3) is valid, *159 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. Cabdozo, Ch.
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We hold that the ordinance of the city of Dunkirk (Dunkirk City Ordinances, chap. 5, § 3) is valid, *159 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.
Cabdozo, Ch. J., Pound, Ceane, Andeews, Lehman and Kellogg, JJ., concur; O’Bbien, J., not sitting.
Judgment affirmed.