Majority
p. 726The People of the State of New York ex rel. Winston Cushing, Respondent, v. Herbert Smith, Deputy Sheriff of the County of Warren, Appellant.
Motion granted, and decision [ante, p. 6421 amended to read as follows:. Order reversed on the law, and writ dismissed, upon the authority of Matter of Reinhardt v. Newport F. S. Corp. ( 232 N. Y. 115 ) on the ground that the operation of a hydroaeroplane, on the waters of Lake George, propelled by an engine operated by the explosion of gasoline, without having the exhaust from the engine run through a muffler, or so constructed and used as to muffle the noise of the exhaust in a reasonable manner, is a violation of section 1500-a of the Penal Law. All concur.
Cases cited
- Claim of Reinhardt v. Newport Flying Service Corp. 232 N. Y. 115 p. 726