New York Court of Appeals, 1928

People v. Sampsell

People v. Sampsell
New York Court of Appeals · Decided May 1, 1928 · <italic>Per Curiam.</italic>
161 N.E. 454; 248 N.Y. 157; 1928 N.Y. LEXIS 1240 (North Eastern Reporter)
People v. Sampsell

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Opinion of the Court

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. J., Pound, Ceane, Andeews, Lehman and Kellogg, JJ., concur; O’Bbien, J., not sitting.

Judgment affirmed.

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