11 N.Y.S. 828 | N.Y. Sup. Ct. | 1890
The indictments are under section 154, Pen. Code, which is as follows: “Omission of duty by public officers. Where any duty is or shall be enjoined by lafy upon any public officer, or upon any person holding a public trust or employment, every willful omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.” The office of superintendent of public works for the village of Saratoga Springs is created by chapter 257, Laws 1874. His duties are prescribed by the act, and are substantially as follows: He has charge of all the streets, sidewalks, alleys, bridges, culverts, etc., and, if they are out of repair, it is his duty to fix them. It is his duty to remove all obstructions from the streets, etc., to report to the board of trustees the condition of such streets, etc., and to do many other things connected with the streets; and he shall be personally responsible to the public