122 N.Y.S. 500 | N.Y. App. Div. | 1910
This is an appeal from a judgment of the Court of Special Sessions convicting the defendant of a violation of section. 42 of the Sanitary Code of the city of New York. This section reads as follows : “ No meat, fish, eggs, birds, fowl, fruit, vegetables or milk not being then healthy, fresh, sound, wholesome and safe for .human food, nor any meat or fish that died by disease or accident, shall be brought into The City of New York, or offered or held for sale as such food anywhere' in said city,, nor shall any such articles be kept or stored therein. For the purposes of this section any meat, fish, eggs, birds, fowl, fruit, vegetables or milk offered for sale anywhere in the city by dealers in food, shall be deemed to be offered or held for sale as food.”
I recommend that the judgment appealed from be affirmed.’
Jlimes, Bure .and Rich, JJ., concurred; Thomas, J., dissented.
" Judgment of conviction of the Court of Special Sessions affirmed.