Appellate Terms of the Supreme Court of New York, 1914

People v. McDermott Dairy Co.

Appellate Terms of the Supreme Court of New York · Decided November 19, 1914

149 N.Y.S. 906 (New York Supplement)

Counsel

J. Power Donellan, of New York City, for appellant., James A. Parsons, of Albany (Robert P. Beyer, of New York City, of counsel), for the People.

Opinion of the Court

PER CURIAM.

This action was brought to recover a penalty incurred for an alleged violation of section 52 of the Agricultural Law for exposing for sale adulterated milk. We are satisfied, from reading-the examination and cross-examination of the chemist called by the plaintiff, that an adulteration (so slight, by the way, as to be almost negligible) was not shown by a preponderance of evidence.

Judgment reversed, with costs, and complaint dismissed.

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