28 Barb. 284 | N.Y. Sup. Ct. | 1858
Under the charge of the court, that if the action was commenced on the 30th of December the plaintiff could recover for the penalties incurred on the 20th of December, the jury have found the defendants guilty of eight different neglects or offenses on that day. By this construction and finding the liability of the defendants in the action extended through eleven days; the offense being committed on the 20th, and the action commenced on the 30th, or for ten days after the 20th, exclusive of the 20th. The question is, under the statute, for how many days after the commission of the offense did the defendants remain liable to be sued for such offense; or when did the statute of limitations apply to the offense and terminate the defendant’s liability to an action therefor. The statute (Laws of 1854, chap. 282, § 7, p. 611,) after declaring it to be the duty of all rail road companies to ring a bell or sound a steam whistle for at least eighty rods from the place where the rail road shall cross
But I think we are hardly at liberty to adopt the rule of construction of these cases; that is, including the day on which the act is done, as within the ten days allowed by the statute, since the case of Ex parte Dean, (2 Cowen, 605,) and Snyder v. Warren, (Id. 518.) In the case of Ex parte Dean the court said, “We have departed from the rule of • construction adopted by the English courts, and hold that the same mode of computation is to be adopted upon statutes, which prevails both in England and in this state as to notices; that is to say, “ one day is counted inclusive and the other exclusive.” The code (§ 407) declares the same rule. This ap- • plies to all questions of practice. The same rule applies in the construction of contracts. The same rule for the construction of statutes is re-asserted in Commercial Bank v. Ives, (2 Hill, 356;) Wilcox v. Wood, (9 Wend. 348;) Columbia, Turnpike v. Haywood, (10 id. 422;) Homan v. Liswell, (6 Cowen, 660.) And see Smith’s Commentaries, § 618 and note.
As the mode of computing time is pf less real consequence
Welles, Johnson and Smith, Justices.]
The judgment of the special term should be affirmed.