People v. Bennett

Appellate Division of the Supreme Court of New York

People v. Bennett

252 A.D. 770, 299 N.Y.S. 41, 1937 N.Y. App. Div. LEXIS 6231

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1937·Published·Cited by 1 cases

Opinion

Judgment of the County Court of Nassau county, convicting the defendant of a willful violation and omission of duty as a railroad employee, contrary to section 1984, subdivision 2, of the Penal Law, reversed on the law, indictment dismissed and bail exonerated. In our opinion the evidence is insufficient to establish that the defendant raised the gates after the west-bound train had passed the crossing and while the east-bound train was approaching the crossing. Nor did the People establish that the accident was caused by reason of the willful violation or omission of a duty by the defendant. Hagarty, Davis, Johnston, Taylor and Close, JJ., concur.

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Judgment of the County Court of Nassau county, convicting the defendant of a willful violation and omission of duty as a railroad employee, contrary to section 1984, subdivision 2, of the Penal Law, reversed on the law, indictment dismissed and bail exonerated. In our opinion the evidence is insufficient to establish that the defendant raised the gates after the west-bound train had passed the crossing and while the east-bound train was approaching the crossing. Nor did the People establish that the accident was caused by reason of the willful violation or omission of a duty by the defendant. Hagarty, Davis, Johnston, Taylor and Close, JJ., concur.

People v. Bennett, 252 A.D. 770, 299 N.Y.S. 41, 1937 N.Y. App. Div. LEXIS 6231 (N.Y. Ct. App. 1937).

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Opinion

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