Board of Health v. Valentine — 38 N.Y. St. Rep. 1019

Majority

p. 1019

The Board of Health of the Village of New Rochelle, Resp’t, v. Eugenia Valentine, App’lt.

Headnote

Appeal from judgment for plaintiff, granted at circuit, in an action to recover $100 penalty for a violation of plaintiff’s health regulations.

Chas. H. Young, for resp’t; Chas. H. Noxon, for app’lt.

None of the exceptions have any merit. The charge of the judge was not excepted to.

The questions are all settled by the previous decision reported, 11 N. Y. Supp., 112 ; 32 N. Y. State Rep., 919.

The case of Sturgis v. Spofford, 45 N. Y., 446 , has no application, for the reason that the statute there construed gave a single penalty of $100, and it was pointed out by the court that it was not given for each offence.

Judgment affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.