Appellate Division of the Supreme Court of New York, 1923

People ex rel. Cushing v. Smith

People ex rel. Cushing v. Smith
Appellate Division of the Supreme Court of New York · Decided May 15, 1923
206 A.D. 726
People ex rel. Cushing v. Smith

Opinion of the Court

Motion granted, and decision [ante, p. 6421 amended to read as follows:. Order reversed on the law, and writ dismissed, upon the authority of Matter of Reinhardt v. Newport F. S. Corp. (232 N. Y. 115) on the ground that the operation of a hydroaeroplane, on the waters of Lake George, propelled by an engine operated by the explosion of gasoline, without having the exhaust from the engine run through a muffler, or so constructed and used as to muffle the noise of the exhaust in a reasonable manner, is a violation of section 1500-a of the Penal Law. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.