People ex rel. Balke v. French

New York Supreme Court

People ex rel. Balke v. French

11 N.Y.S. 181, 32 N.Y. St. Rep. 557, 57 Hun 588, 1890 N.Y. Misc. LEXIS 660

DecidedJune 6, 1890

StatusPublished

This text of 11 N.Y.S. 181 (People ex rel. Balke v. French) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Balke v. French, 11 N.Y.S. 181, 32 N.Y. St. Rep. 557, 57 Hun 588, 1890 N.Y. Misc. LEXIS 660 (N.Y. Super. Ct. 1890).

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Opinions

Bartlett, J.

It seems to me incredible that this officer could have been perfectly sober and fit to be sent out on post, as the police surgeon proved he was, if he had been so much intoxicated as to be unfit for duty only 35 or 40 minutes before. The police surgeon was apparently called to sustain the charge, and, on his testimony, I think the charge should have been dismissed. The authority of the general term to reverse the decision of the board of police, when it is against the preponderance of evidence, has recently been distinctly upheld by the court of appeals, and, in my opinion, it should be exercised in the present case. People v. French, 23 N. E. Rep. 1061.

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Bartlett, J.

It seems to me incredible that this officer could have been perfectly sober and fit to be sent out on post, as the police surgeon proved he was, if he had been so much intoxicated as to be unfit for duty only 35 or 40 minutes before. The police surgeon was apparently called to sustain the charge, and, on his testimony, I think the charge should have been dismissed. The authority of the general term to reverse the decision of the board of police, when it is against the preponderance of evidence, has recently been distinctly upheld by the court of appeals, and, in my opinion, it should be exercised in the present case. People v. French, 23 N. E. Rep. 1061.

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Bluebook (online)

11 N.Y.S. 181, 32 N.Y. St. Rep. 557, 57 Hun 588, 1890 N.Y. Misc. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-balke-v-french-nysupct-1890.